ELDERS v. UNOPENED SUCCESSION OF DAVIS

No. 09-132.

16 So.3d 558 (2009)

Eleanor Ann Davis ELDERS, et al. v. UNOPENED SUCCESSION OF Olga K. DAVIS.

Court of Appeal of Louisiana, Third Circuit.

July 8, 2009.


Attorney(s) appearing for the Case

J.W. Seibert, III, Seibert & Gibbs, P.A., Vidalia, LA, for Plaintiffs/Appellees, Eleanor Ann Davis Elders, Larry S. Elders, Carolyn Davis Huffman, Walter B. Huffman, Jr., and Katherine Grace Davis.

William A. Yarbrough, Vidalia, LA, for Defendant/Appellant, Unopened Succession of Olga K. Davis.

Court composed of JIMMIE C. PETERS, MARC T. AMY, ELIZABETH A. PICKETT, J. DAVID PAINTER, and SHANNON J. GREMILLION, Judges.


PAINTER, Judge.

Plaintiffs filed this suit seeking a declaratory judgment that the mortgage on a certain parcel of immovable property in Catahoula Parish had been cancelled pursuant to a provision in the deed which became applicable upon the death of the vendor, Olga K. Davis. The trial court found in favor of Plaintiffs and ordered that the remaining balance be declared paid and that the corresponding mortgage and vendor's lien be canceled. The unopened succession...

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