MATHERNE v. PURDY

No. 90-CA-0625.

576 So.2d 621 (1991)

Paul E. MATHERNE, Sr. v. Anna Margaret Wellbat PURDY, Testamentary Executrix of the Succession of Margaret Bobe Wellbat, and Ann Purdy, Individually.

Court of Appeal of Louisiana, Fourth Circuit.

February 28, 1991.


Attorney(s) appearing for the Case

E.J. deVerges, Jr., Joseph E. Defley, Jr., Melvin J. Burmaster, Jr., New Orleans, for plaintiff.

Emile L. Turner, Jr., Wilbur J. Babin, Jr., New Orleans, for defendant.

Before BYRNES, WARD and ARMSTRONG, JJ.


ARMSTRONG, Judge.

Plaintiff, Paul Matherne, Sr., appeals the trial court's judgment declaring defendant's outstanding debt to plaintiff prescribed and unenforceable and permanently restraining plaintiff from proceeding with the foreclosure and sale of defendant's property.

Margaret Bobe Wellbat (now deceased) and her daughter, Anna Wellbat Purdy, defendant in this case, executed two promissory notes in favor of Paul Matherne, Sr.; the "large note" dated May...

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