Fidelity Mutual Life Insurance v. Roth

MacNeille, J.,

A rule for judgment for want of a sufficient affidavit of defense and a reply to new matter raising questions of law have been taken in this case, which is a suit on a deficiency judgment obtained in New Jersey, in connection with the foreclosure of a first mortgage covering premises 856 Second Street, Ocean City, N. J., which premises the plaintiff bought at the sheriff's sale for $75.

The defendants allege that, subsequent to the entry of the judgment, they entered into a written agreement with the plaintiff for the repurchase of the said property and a *287contemporaneous oral…