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FIRST MERCANTILE CO. v. BITTNER

337 A.2d 321 (1975)

FIRST MERCANTILE CO., Assignee of Home Fair, Inc., Plaintiff, v. George BITTNER and Edna Bittner, Defendants.

Superior Court of Delaware, Kent.

April 2, 1975.

Attorney(s) appearing for the Case

A. Richard Barros, of Brown, Shiels & Barros, Dover, for plaintiff.

Myron T. Steele, of Prickett, Ward, Burt & Sanders, Dover, for defendants.

OPINION ON MOTION OF DEFENDANTS TO VACATE OR FOR RELIEF FROM JUDGMENT

TAYLOR, Judge.

Plaintiff entered judgment against defendants in 1968 pursuant to warrant of attorney provision in a note executed by defendants. Defendants were not notified of the entry of judgment, and plaintiff took no action to recover on the judgment. Defendants first learned of the judgment upon having a lien search made in early 1974. They filed this action to vacate the judgment...

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