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ROCK v. SHORT

336 A.2d 219 (1975)

Charles R. ROCK and Joan M. Rock, Defendants below, Appellants, v. Clifford Stanley SHORT, Sr., and Mildred R. Short, Plaintiffs below, Appellees.

Supreme Court of Delaware.

Decided March 6, 1975.

Attorney(s) appearing for the Case

Harold Schmittinger and I. Barry Guerke, Schmittinger & Rodriguez, Dover, for defendants below, appellants.

James H. Hughes, III, Dover, for plaintiffs below, appellees.

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.

DUFFY, Justice:

This appeal from the Superior Court puts in issue the effect of 10 Del.C. § 3912 on provisions in a bond and mortgage assessing counsel fees of five percent upon judgment for the mortgagees.

I

On December 27, 1973 the mortgagees filed a praecipe and a copy of the bond with the Prothonotary and the mortgagors were notified that judgment would be confessed against them on January 18, 1974...

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