Matherne v. Purdy

ARMSTRONG, Judge.

Plaintiff, Paul Matherne, Sr., appeals the trial court’s judgment declaring defendant’s outstanding debt to plaintiff prescribed and unenforceable and permanently restraining plaintiff from proceeding with the foreclosure and sale of defendant’s property.

Margaret Bobe Wellbat (now deceased) and her daughter, Anna Wellbat Purdy, defendant in this case, executed two promissory notes in favor of Paul Matherne, Sr.; the "large note” dated May 26, 1972, in the amount of $29,500.00 and the “small note” dated October 1, 1975 in the amount of $2,996.12. The large note was payable in…