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AETNA LIFE INS. CO. v. LAMA TRUSTS

No. 28328-CA.

674 So.2d 1086 (1996)

AETNA LIFE INSURANCE COMPANY, Plaintiff-Appellee v. The LAMA TRUSTS, et al., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

May 8, 1996.

Attorney(s) appearing for the Case

Mills, Timmons & Flowers by George H. Mills, Jr., Shreveport, for Appellant.

Shapiro & Mentz by Stacy C. Wheat, Metairie, for Appellee.

Before NORRIS, STEWART and GASKINS, JJ.

GASKINS, Judge.

The plaintiff, Aetna Life Insurance Company, sought to seize and sell a house belonging to the defendants, the Lama Trusts, and occupied by James and Marian Malone Latham, the beneficiaries and settlors of the trust. The plaintiff claimed it acquired by assignment a promissory note executed by the trust and secured by a mortgage on the house and that the defendants defaulted on the note payments. The defendants made application for a preliminary and...

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