Aque v. Dexheimer

On January 31st, 1938, this court filed an opinion in the above matter, which is reported in 123 N.J. Eq. 133. Since the filing of that opinion, counsel for the defendants Oswald and Emmy Rothman, in a re-argument of the case, directed attention to the fact that the opinion failed to mention any consideration of the allegations in paragraphs 5 and 6 of the said defendants' counter-claim, which read as follows:

Paragraph 5: "At the time of executing and delivering the said mortgage by these answering defendants-counter-claimants, the land and premises securing the payment of the bond referred…