Bernard Brothers v. Dugas

HAWTHORNE, Justice.

Bernard Brothers instituted executory proceedings to sell property belonging to Lodias J. Dugas in the City of New Iberia in satisfaction of a demand mortgage note which it held. This note was executed by Dugas on July 14, 1952, for the principal sum of $31,200 with interest at the rate of 6 per cent per annum from date and 10 per cent attorney’s fees.

Prior to the sale Dugas brought injunctive proceedings in which he alleged that he owed Bernard Brothers only $20,-000, as he had received from it only this amount, and that therefore there had been a partial failure of…