Malsberger v. Parsons
Superior Court of Delaware
Sci Fa Sur Mortgage (No. 38, November Term 1908). Demurrer to pleas, and motiop to strike out third plea.
1Opinion of the Court
Woolley, J.,
delivering the opinion of the Court:
The plaintiff has instituted this action by the writ of scire facias sur mortgage, wherein he declares upon a mortgage made by Wesley E. Parsons and wife to Albert Atlee Jacksdn, makes a proferí rif the record thereof, recites through various assignees, the assignment of the mortgage' to himself, avers the non-payment of the debt intended to be secured thereby, and prays that it be made known to the mortgagors to appear and show cause, wherefore the mortgaged premises should not be seized and taken in execution and sold to satisfy his mortgage…
2Cases cited7 opinions
- M'Crelish v. ChurchmanSupreme Court of Pennsylvania · 1833
- Fox v. WhartonCourt of Chancery of Delaware · 1878
- Cornog v. CornogCourt of Chancery of Delaware · 1869
- Russell v. BrownIllinois Supreme Court · 1866
- Carpenter v. MooersIllinois Supreme Court · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wax v. Riverview Cemetery Co.Superior Court of Delaware · 1942
- Soliman v. Spencer (In Re Spencer)District Court, D. Delaware · 1990
- Carlisle v. ParkerSuperior Court of Delaware · 1936
- Woods v. SpoturnoSuperior Court of Delaware · 1936
- In re the Mortgage of AgostiniSuperior Court of Delaware · 1943
7 more not listed; retrieve them via the Exa API.