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SECURITY NAT. TRUST v. ALEXANDER

Nos. 24866-CA, 24867-CA.

621 So.2d 30 (1993)

SECURITY NATIONAL TRUST, a Limited Partnership, Plaintiff-Appellant, v. Percy M. ALEXANDER, Jr., Defendant-Appellee. Percy M. ALEXANDER, Jr., Plaintiff-Appellee, v. Curtis A. WARREN, Clerk of Court, and Security National Trust, a Limited Partnership, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied August 12, 1993.

Attorney(s) appearing for the Case

Michael S. Tudor, Alexandria, for Security Nat., appellant.

James M. Franklin, Jr., Shreveport, for Percy M. Alexander, appellee.

Before MARVIN, LINDSAY and STEWART, JJ.

MARVIN, Chief Judge.

Applying the law in effect before January 1, 1993, we reverse a judgment in favor of the original mortgagor which enjoined the foreclosure on his June 1973 mortgage of an immovable that was not reinscribed in the mortgage records until August 1983, more than 10 years later, and which also ordered the mortgage inscription cancelled from the public records.

The trial court relied on former CC Art. 3369, which provided:

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