Mortgage Guarantee Co. v. Atlantic City Jewish Community Center

Sooy, V. C.

Defendants move to strike an amended bill to foreclose a mortgage.

Defendants had filed an answer and counter-claim to complainant’s original bill, whereupon counsel for complainant moved to strike both pleadings. The court denied the motion *2to strike, advising complainant that it might amend its complaint to include certain certificate holders as cestuis que trustent, either as complainants or defendants, “or so amend as to bring itself within the exceptions to the rule requiring their inclusion.”

It may be well to state that complainant, in its original bill, did not set up therein…