Laspopoulos v. Earl

REDMANN, Judge.

A mortgagee of an immovable appeals from a preliminary injunction against executory process. The mortgagee testified that he had not yet given the mortgagor husband the loan at the time the act of mortgage was passed in the notary’s office but did give it to him at the mortgagee’s office later that day, after the mortgagor wife left. Thus the mortgagee concedes that the act is wrong. The result is that the mortgagors’ parol evidence is admissible and the contest is one of credibility. That parol evidence, including that of a witness to the act and to the previous arrangement…