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JAY'S COM. CARPETS, INC. v. MAGNA INTERESTS, INC.

No. 89-C-2594.

559 So.2d 1348 (1990)

JAY'S COMMERCIAL CARPETS, INC. v. MAGNA INTERESTS, INC., et al.

Supreme Court of Louisiana.

Rehearing Denied May 24, 1990.

Attorney(s) appearing for the Case

John Fichtel, III, Offices of Walton J. Barnes, Baton Rouge, for applicant.

Andrew M. Edwards, II, Catherine Simpson, Montgomery, Barnett, Brown, Read Hammond & Mintz, New Orleans, for respondents.

WATSON, Justice.*

In this dispute over rents from a commercial building, the plaintiff judgment creditor, Jay's Commercial Carpets, Inc., claims priority over the mortgage holder because an assignment of leases and rents to the mortgagee was not recorded in the conveyance records as required by LSA-R.S. 9:4401.1

Three individuals executed a mortgage and an assignment of rents from the mortgaged property...

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