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ELMORA SAV. & LOAN ASS'N v. D'AUGUSTINO, ET AL.

103 N.J. Super. 301 (1968)

247 A.2d 149

ELMORA SAVINGS AND LOAN ASSOCIATION, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALFRED V. D'AUGUSTINO AND CLARA D'AUGUSTINO, HIS WIFE, AND ANGELO F. ABARCA, DEFENDANTS, AND PATRICIA K. ABARCA, HIS WIFE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1968.

Attorney(s) appearing for the Case

Mr. Robert C. Gruhin argued the cause for appellant.

Mr. John A. Lyons argued the cause for respondent (Mr. Richard R. O'Connor, attorney).

Before Judges GOLDMANN, KOLOVSKY and CARTON.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

May the wife of a career serviceman claim the benefit of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C.A. App. § 510 et seq.) in a foreclosure action where the mortgage on the marital home was assumed by her and her husband while he was in service and he in writing stated that he did not wish to oppose the action, and where...

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