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SMOKEY, INC. v. PANY INVESTMENT COMPANY

276 A.2d 741 (1971)

SMOKEY, INC., a Delaware corporation, Defendant Below, Appellant, v. PANY INVESTMENT COMPANY, a corporation of the Commonwealth of Pennsylvania, assignee of William Weiner and Abraham Kristol, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Petition for Reargument Denied April 29, 1971.

Attorney(s) appearing for the Case

David Roeberg and Stephen B. Potter, of Sullivan, Potter & Roeberg, Wilmington, for Smokey, Inc., appellant (defendant).

John T. Gallagher, of Morris, Nichols, Arsht & Tunnell, Wilmington, for Pany Investment Company, appellee (plaintiff).

WOLCOTT, C. J., and CAREY, Justice, and DUFFY, Chancellor, sitting.

DUFFY, Chancellor.

This appeal brought up for review an order of the Superior Court entering judgment for Pany Investment Company (plaintiff) in a mortgage foreclosure action and directing issuance of a writ of levari facias for sale of the property.1

A.

The property is an apartment complex in Dover; eleven buildings, each with ten or eleven rental units, are situated on some six acres of land. Towne Point Apartments...

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