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CLARK v. EQUITABLE LIFE ASSURANCE SOCIETY OF U.S.

281 A.2d 488 (1971)

Sidney J. CLARK, Individually, and as Administrator of the Estate of Alma A. Clark, and United States of America, Appellants, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF The UNITED STATES, a New York corporation, Appellee.

Supreme Court of Delaware.

August 25, 1971.

Attorney(s) appearing for the Case

Sidney J. Clark, pro se.

H. Alfred Tarrant, Jr., of Cooch & Taylor, Wilmington, for appellee.

CAREY and HERRMANN, JJ., and MARVEL, Vice-Chancellor, sitting.

CAREY, Justice:

Appellant Sidney J. Clark, Mortgagor, brings this appeal from a mortgage foreclosure judgment in the Superior Court. The action was commenced by the mortgagee, The Equitable Life Assurance Society, as a result of the failure of the appellant to pay real estate taxes on the property when such taxes became due, as required by the mortgage agreement. After trial, the jury returned a verdict in favor of the plaintiff...

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