SUPLEE v. ECKERT


152 A.2d 289 (1959)

Nathan Walter SUPLEE, George J. Schulz and Mary D. Schulz, L. P. Faucett, Inc., a corporation of the State of Delaware, Madison M. Gray, Carl Springer, Inc., a corporation of the State of Delaware, suing in their own behalf and in behalf of all others similarly situated, Plaintiffs, v. John P. ECKERT and Gail Bond Eckert, Defendants.

Court of Chancery of Delaware, Sussex.

Supplemental Opinion April 13, 1959.

Second Supplemental Opinion May 22, 1959.


Attorney(s) appearing for the Case

James M. Tunnell, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiffs.

John P. Eckert and Gail Bond Eckert, pro se.


SEITZ, Chancellor.

This action is brought by six plaintiffs in their own behalf and in behalf of all others similarly situated, against two named defendants. The complaint seeks to have the court remove a cloud from the asserted title to certain lands in Fenwick Island which were subject to the lien of a mortgage when the mortgage was foreclosed. Though it is a class action, the class is defined as being limited to those persons, like plaintiffs, who hold title under...

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