Legal Opinion

Bank of Bernice v. D'Arbonne Lake Lodge, Inc.

Louisiana Court of Appeal

Decided March 29, 1989No. 20339-CAPublishedCited by 2 opinions

1Opinion of the Court

MARVIN, Judge.

In this ranking contest between the mortgagee bank and the intervening general contractor that arose out of a foreclosure by the bank, the issue is whether the purported “description of immovable property” as “D’Arbonne Lake Lodge, Highway. 33, Farmerville, Louisiana,” in the written notice of the building contract earlier filed by the general contractor is legally sufficient under LRS 9:4831 and 4811 A(2) to perfect the contractor’s later-filed lien for labor and materials and thereby prime the mortgage to the bank.

The trial court held that the description in the notice of the…

2Cases cited8 opinions

  1. National Bank of Commerce in New Orleans v. JusticeLouisiana Court of Appeal · 1968
  2. People's Bank & Trust Co. v. CampbellLouisiana Court of Appeal · 1979
  3. American Bank & Trust Co. Etc. v. F & W Const.Louisiana Court of Appeal · 1978
  4. Rowley Co. v. Southbend Contractors, Inc.Louisiana Court of Appeal · 1987
  5. Alison Mtg. Inv. Trust v. BPB Contractors, Inc.Louisiana Court of Appeal · 1978

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3Cited by2 opinions

  1. Hibernia Nat. Bank v. BellevilleLouisiana Court of Appeal · 2002
  2. Lewis v. BennettLouisiana Court of Appeal · 2002

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