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NORRIS RADER, INC. v. SWILLEY

No. 92-741.

625 So.2d 1125 (1993)

NORRIS RADER, INC., Plaintiff-Appellee, v. James Michael SWILLEY, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

October 20, 1993.

Attorney(s) appearing for the Case

Lynn A. Derouen, New Iberia, for Norris Rader, Inc.

James T. Genovese, Opelousas, for Southland Federal Sav. Bank.

Before STOKER, THIBODEAUX, SAUNDERS and DECUIR, JJ., and CULPEPPER, J. Pro Tem.

WILLIAM A. CULPEPPER, Judge, Pro Tem.

This case involves the ranking of a materialman's lien and a recorded real estate mortgage. The parties stipulated to the following facts:

1. James Michael Swilley purchased the property made the subject of these proceedings, from Viola George, on September 11, 1989; 2. Southland Federal Savings Bank [hereafter Southland] obtained a mortgage from Mr. and Mrs. Swilley on September 11, 1989; 3. Both...

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