Simon v. Calabrese

This matter is before the court on a petition to open a foreclosure suit and set aside a sale thereunder. Petitioner is the present administrator of the estate of one Pietro Calabrese, who died several years ago, holding a second mortgage on the premises. Complainant is the assignee of the first mortgage and proceeded in due course with the foreclosure. There being no administration on the estate of the second mortgagee, the clerk of the Court of Chancery was appointed administrator. The suit then proceeded through decree and sale for $100 in January, 1945. Petitioner, who is the sole heir of…