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JOHNSTON v. LLOYDS INS. CO.

No. 37,489-CA.

853 So.2d 738 (2003)

Rickey JOHNSTON, Plaintiff-Appellant, v. LLOYDS INSURANCE CO., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied September 18, 2003.

Attorney(s) appearing for the Case

Sonny N. Stephens, Winnsboro, Dennis G. Stewart, Rayville, for Appellant.

Corkern & Crews, L.L.C., by Ronald E. Corkern, Jr., for Linda Landrum, LA Association of Clerk of Courts, and Hunt Insurance Group.

Shotwell, Brown & Sperry by Marshall Napper, Monroe, for Lloyd's Insurance Co., Allan E. Clare.

Before STEWART, CARAWAY and DREW, JJ.

CARAWAY, J.

Plaintiff brings this action as the assignee of a note which was to have been secured by a mortgage. The mortgage instrument, however, was allegedly recorded in the conveyance records and not the mortgage records by the deputy clerk, who is made the defendant in this action. The trial court dismissed the suit on the defendant's exception of prescription. Pretermitting that issue, we affirm the dismissal, finding that the plaintiff has no cause or right...

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