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Tiger Leasing, Inc. v. Davis
Citations: 544 So. 2d 15; 1989 La. App. LEXIS 823Docket: No. 88-CA-2487
Court: Louisiana Court of Appeal; May 9, 1989; Louisiana; State Appellate Court
A lawsuit was filed to enforce a mortgage for the balance due on a bearer note, which included interest and attorney’s fees. Emily Davis Johnson and Eddie Johnson executed a promissory note for $12,049.27 on April 18, 1960, with an interest rate of 7.5% per annum and a 20% attorney's fee provision. The note was secured by a mortgage and was assigned to Metrovest, Inc. on November 9, 1977, with a warranty regarding the unpaid principal balance. The note was subsequently assigned to Tiger Leasing, Inc., which initiated foreclosure proceedings against the Johnsons. At the trial, it was noted that both defendants were deceased, and Homeco, Inc. (formerly doing business as Tiger Leasing) had appointed Roosevelt Johnson as the administrator for their successions. However, no formal substitution of the administrator for the deceased defendants occurred. The district court ruled in favor of the Johnsons, dismissing Homeco’s claim with prejudice and at its cost. Homeco appealed, arguing it was a holder in due course and that there was insufficient evidence against its claim. The court determined that any judgment rendered against a deceased person is void. Because an administrator was not properly substituted, the judgment was declared an absolute nullity. The appeal was dismissed, and the case was remanded for further proceedings. Judge Plotkin dissented, providing separate reasoning.