Atlas Subsidiaries of Delaware, Inc. v. Burns

Carey, Justice.

The appellant obtained a judgment by confession in the Superior Court against the appellees on October 11, 1960 upon a note for $4170. Execution was issued thereunder and appellees’ real estate was sold on July 24, 1962 by the Sheriff for $5200. Prior to the confirmation date, appellees filed a motion to vacate the judgment or, in the alternative, to open it for the purpose of permitting appel-lees to assert certain defenses. They also filed a petition for a rule to show cause why the sale should not be set 'aside. Thereafter the appellant moved to dismiss the motion and to…