No. 607 Precedential Reversed Processed

Bordelon v. Dauzat

Louisiana Court of Appeal, First Circuit · Filed September 24, 1962 · 145 So. 2d 45

Also decided on this docket: La. Ct. App. 1st Cir., July 2, 1962 144 So. 2d 701; La. Ct. App. 1st Cir., March 5, 1930 126 So. 565; La., May 15, 1868 20 La. 376

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Opinion text

TATE, Judge. This is a suit to cancel a mortgage on the ground that there was no consideration for the note secured thereby and also that the petitioner was misled into signing it by misrepresentation and error. It is a companion suit to Dauzat v. Bordelon, La.App., 145 So.2d 41 , rendered this same date, a foreclosure suit by the holder of the note which was secured by the mortgage sought to be cancelled herein. . For the reasons stated in the cited companion suit, by which we concluded that the note in question was supported by valid consideration, the judgment herein ordering cancellation of the mortgage pursuant to the present plaintiff’s demand is reversed; and the present plaintiff’s suit is dismissed at his cost. Reversed. On Application for Rehearing. En Banc. Rehearing denied.