Quillen v. Sayers

CHRISTIE, Justice:

This is an appeal from an order granting, by way of summary judgment, a foreclosure on a mortgage which binds 8.2 acres of land located in Lewes and Rehoboth Hundred, Sussex County. Plaintiff-appel-lee, Jane F. Sayers, is the personal representative of the estate of the mortgagee, Frank P. Gedling, Jr., who died on August 20, 1981. Appellee filed a scire facias sur mortgage complaint in Superior Court on April 22, 1982. Defendants-appellants, Allen J.H. Quillen and Dorothy L. Quillen, are the mortgagors. In their answer to the complaint they asserted the defenses of payment…