Elmora Savings & Loan Ass'n v. D'Augustino

The opinion of the court was delivered by

Goldmann, S. J. A. D.

May the wife of a career serviceman claim the benefit of the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U. S. C. A. App. § 510 et seq.) in a foreclosure action where the mortgage on the marital home *303was assumed by her and her husband while he was in service and he in writing stated that he did not wish to oppose the action, and where the wife, asserting her rights as a dependent, made no other defense or showing? We agree with the Chancery Division judge that she may not.

Defendants Abarca were married in 1951. Abarca was…