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MASTEN LUMBER & SUP. CO. v. SUBURBAN BUILDERS, INC.

269 A.2d 252 (1970)

MASTEN LUMBER & SUPPLY COMPANY, a Delaware corporation, Plaintiff, v. SUBURBAN BUILDERS, INC., a Delaware corporation; Bank of Delaware, a Delaware corporation, Herschel N. Poore, Sheriff of Kent County, Defendants.

Superior Court of Delaware, Kent.

September 1, 1970.

Attorney(s) appearing for the Case

Nicholas H. Rodriguez, of Schmittinger & Rodriguez, Dover, for plaintiff.

William S. Hudson, Dover, for defendant, Suburban Builders, Inc.

John O. Snyder, Dover, for defendant, Bank of Delaware.

No appearance for defendant, Herschel N. Poore, Sheriff of Kent County.

OPINION

WRIGHT, Justice.

This case comes before the Court on a Rule to Show Cause why a sheriff's sale should not be set aside.

Residential Builders, Inc. (hereafter Residential) executed to Louis Caras (hereafter Caras) a purchase money mortgage on August 29, 1968 covering the land in question containing clause subordinating the lien of any construction mortgage that Residential would subsequently record...

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