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COMM'R OF INS. FOR STATE OF LA. v. TERRELL

No. 26363-CA.

647 So.2d 445 (1994)

The COMMISSIONER OF INSURANCE FOR the STATE of LOUISIANA as the CONSERVATOR/REHABILITATOR of the INDEPENDENCE LIFE INSURANCE COMPANY IN REHABILITATION, Plaintiff-Appellant v. Roy M. TERRELL, Sr., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

December 7, 1994.

Attorney(s) appearing for the Case

Walter F. Clawson, for appellant.

Yvonne Smith Coleman, for appellee, Roy M. Terrell, Sr.

Weems, Wright, Schimpf, Hayter and Carmouche by Mark A. Perkins and Chris Geyer, for Rountree Olds Cadillac Co., appellee.

Before MARVIN, NORRIS and LINDSAY, JJ.

MARVIN, Chief Judge.

After instituting executory process to enforce an "authentic act of mortgage" on a Caddo Parish residential lot, the Commissioner appeals a judgment ranking the mortgage below tax liens and judgments against the debtor which were recorded in the mortgage records before the mortgage was recorded. The judgment was rendered on the Commissioner's rule to "Rank Mortgages, Liens and Privileges" that was filed after the Commissioner was notified of the...

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