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ATLAS SUBSIDIARIES OF DELAWARE, INC. v. BURNS

202 A.2d 566 (1964)

ATLAS SUBSIDIARIES OF DELAWARE, INC., a corporation of the State of Delaware, Assignee of Peoples National Fund, Inc., a corporation of the Commonwealth of Pennsylvania, Assignee of Eastern Distributors Construction Corp., a corporation of the Commonwealth of Pennsylvania, Plaintiff Below, Appellant, v. William T. BURNS and Lucille F. Burns, his wife, Defendants Below, Appellees.

Supreme Court of Delaware.

July 9, 1964.

Attorney(s) appearing for the Case

Morton E. Evans, Wilmington, for appellant.

Julian D. Winslow, Wilmington, for appellees.

TERRY, C. J., and WOLCOTT and CAREY, JJ., sitting.

CAREY, Justice.

The appellant obtained a judgment by confession in the Superior Court against the appellees on October 11, 1960 upon a note for $4170. Execution was issued thereunder and appellees' real estate was sold on July 24, 1962 by the Sheriff for $5200. Prior to the confirmation date, appellees filed a motion to vacate the judgment or, in the alternative, to open it for the purpose of permitting appellees to assert...

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