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FIRST NAT. BANK OF HOUMA v. BAILEY

No. 90-175.

583 So.2d 559 (1991)

FIRST NATIONAL BANK OF HOUMA, Plaintiff-Appellant, v. Frank R. BAILEY, Jr., Defendant-Appellant, Edward D. Wooten, Sheriff of Plaquemines Parish, Louisiana, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

June 26, 1991.

Attorney(s) appearing for the Case

Duval, Funderburk, Sundbery & Lovell, Stanwood R. Duval, Jr., Clayton Lovell, Houma, for plaintiff/appellant

Richard H. Bailey, in pro. per.

G. Bruce Kuehne, Baton Rouge, for defendant/appellant Bailey.

Ursy & Weeks, Fred Schroeder, Dennis P. Couvillon, Metairie, for defendant/appellee Wooten.

Before GUIDRY, YELVERTON and WILLIAM A. CULPEPPER, JJ.

GUIDRY, Judge.

Plaintiff, First National Bank of Houma (Bank), sought a deficiency judgment against continuing guarantors of two promissory notes executed by Century Mineral Corporation (Century), as maker, following a judicial sale of the mortgaged property through executory process. One of the guarantors, Frank R. Bailey, Jr. (Bailey), resisted the Bank's demand contending that its demand was barred as the entire debt was extinguished because the statutorily required...

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