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MONROE PARK v. METROPOLITAN LIFE INS. CO.

457 A.2d 734 (1983)

MONROE PARK, a limited partnership organized and existing under the laws of the State of Delaware, with Henry L. Weinstein as general partner, Defendant Below, Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, a corporation of the State of New York, Assignee of Gilpin, Van Trump and Montgomery, Inc., a corporation of the State of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: February 4, 1983.

Attorney(s) appearing for the Case

William O. LaMotte, III, Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant below, appellant.

William F. Lynch, II, and David H. Williams (argued), Morris, James, Hitchens & Williams, for plaintiff below, appellee.

Before McNEILLY, QUILLEN and MOORE, Justices.

MOORE, Justice:

This mortgage foreclosure action was begun by a writ of scire facias sur mortgage pursuant to 10 Del.C. § 5061.1 The trial court entered summary judgment in plaintiff's favor.2 The question we address is whether the Superior Court may grant relief on a writ of scire facias where the mortgage does not bear a seal of the mortgagor...

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