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SANSON FOUR RENTALS, L.L.C. v. FAULK

No. 35,417-CA.

803 So.2d 1048 (2001)

SANSON FOUR RENTALS, L.L.C., Plaintiff, v. Lon B. FAULK, Defendant.

Court of Appeal of Louisiana, Second Circuit.

December 19, 2001.

Attorney(s) appearing for the Case

Sam O. Henry, III, Monroe, Counsel for Defendant-Appellant, Kilpatrick Funeral Homes, Inc.

Malcolm Earl Decelle, Jr., Monroe, Counsel for Plaintiff-Appellee, Sanson Four Rentals, L.L.C.

Marshall Leon Sanson, Monroe, Counsel for Third Party Appellee, Marshall Leon Sanson.

Before CARAWAY, PEATROSS and KOSTELKA, JJ.

CARAWAY, J.

This suit involves a $5,000 assignment of a judgment acquired by the plaintiff. The defendant/assignor has now been sued for breach of warranty due to its release of the judicial mortgage from the mortgage records. The release occurred in error after defendant/assignor had made the assignment, and as a result, the judgment debtor was able to sell valuable property unencumbered by the judicial mortgage. The trial court awarded plaintiff the return of the...

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