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ELMWOOD FEDERAL SAV. v. FOREST MANOR EST.

621 A.2d 354 (1992)

ELMWOOD FEDERAL SAVINGS BANK, Plaintiff, v. FOREST MANOR ESTATES, INC., Defendant.

Superior Court of Delaware, New Castle County.

Decided: April 6, 1992.

Attorney(s) appearing for the Case

Janet Z. Charlton, of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiff.

Mary Matterer, of Bayard, Handelman & Murdoch, Wilmington, for defendant.

OPINION

TAYLOR, Judge.

Plaintiff filed this scire facias sur mortgage action to recover the balance due on a mortgage loan made by plaintiff to defendant, the developer of a development known as Forest Manor. The complaint contained a demand that defendant must answer by affidavit pursuant to 10 Del.C. § 3901. Defendant filed its answer accompanied by an affidavit of defense, which asserted the following...

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