Clark v. Equitable Life Assurance Society of the United States

This mortgage foreclosure action and a related suit seeking the same relief have been in this Court on two prior occasions. See Clark v. Equitable Life Assurance Society of United States, Del.Supr., 281 A.2d 488 (1971), and the Court’s order of October 2, 1973 in this case.

In this action the Superior Court directed verdicts for plaintiff on both the complaint (with interest and counsel fees) and a cross complaint by defendant. Defendant makes three arguments in this appeal.

First, he argues that a verdict should not have been directed against him because a prior action was pending until trial…