Legal Opinion

Mitchell v. Wilmington Trust Co.

Court of Chancery of Delaware

Decided July 1, 1982PublishedCited by 8 opinions

1Opinion of the Court

HARTNETT, Vice Chancellor.

This is the decision after trial on an action brought for the purpose of extinguishing a mortgage lien on plaintiff’s real estate. Defendant, Wilmington Trust Company, the holder of the mortgage, filed a counterclaim against plaintiff to set aside a conveyance of the real estate in question as being in violation of the provisions of 6 Del. C. § 1307, relating to fraudulent transfers, and brought a third-party action against the plaintiff’s former husband, Robert R. Mitchell, alleging fraud in connection with the execution of the original mortgage. A default judgment…

2Cases cited19 opinions

  1. Beihl v. MartinSupreme Court of Pennsylvania · 1912
  2. Steigler v. Insurance Co. of North AmericaSupreme Court of Delaware · 1978
  3. In re Giant Portland Cement Co.Court of Chancery of Delaware · 1941
  4. Columbian Carbon Co. v. KightCourt of Appeals of Maryland · 1955
  5. Hurd v. HughesCourt of Chancery of Delaware · 1920

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3Cited by8 opinions

  1. ASARCO LLC v. Americas Mining Corp.District Court, S.D. Texas · 2008
  2. Coraccio v. Lowell Five Cents Savings BankMassachusetts Supreme Judicial Court · 1993
  3. China Resource Products (U.S.A.) Ltd. v. Fayda International, Inc.District Court, D. Delaware · 1994
  4. Thomas v. ThomasSupreme Court of Delaware · 2014
  5. In Re KellyUnited States Bankruptcy Court, D. Delaware · 2003

3 more not listed; retrieve them via the Exa API.

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