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SPILLMAN v. SPILLMAN

No. CA 85 1513.

509 So.2d 442 (1987)

Thomas Earl SPILLMAN v. Barbara Wilkinson SPILLMAN and William P. Raborn.

Court of Appeal of Louisiana, First Circuit.

As Amended on Denial of Rehearing July 1, 1987.

Attorney(s) appearing for the Case

Stanley E. Branton, St. Francisville, for plaintiff-appellant.

Robert L. Raborn, Baton Rouge, for defendant-appellee.

Before EDWARDS, WATKINS and LeBLANC, JJ.

LeBLANC, Judge.

This is a suit for declaratory judgment instituted by the plaintiff against the holders of his mortgage seeking to prepay the mortgage indebtedness without the consent of the holders. The trial court granted a motion for summary judgment in favor of the defendants; thereby, denying the plaintiff's request to prepay the mortgage note. The plaintiff appeals contending that the trial court erred in ruling that a mortgagor does not have a legal right to...

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