Pisculli v. Bellanca Aircraft Corp.

The Chancellor:

The affirmance by the Supreme Court was a simple affirmance without qualification of any *195sort. It is now sought to have this court after such an affirmance enter a decree with new features engrafted upon the affirmed one, by which the Bellanca Company is not only subrogated to the rights of Pisculli against the res, but further is to obtain the relief of a foreclosure sale against Sabelli.

Conceding that it might have been proper for the decree originally entered to subrogate the Bellanca Company to the rights of Pisculli, notwithstanding the substitution of the bond with its…