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ELIE SIVADE et ux., appellants, v. FLORENCE H. SMITH et al., respondents.

The act concerning proceedings on bonds and mortgages and the foreclosure and sale of mortgaged premises thereunder ( P.L. 1880 p. 255) and the amendment thereof ( P.L. 1881 p. 184), deals only with the bond of the complainant in foreclosure, and does not apply to the bond secured by the second mortgage which was not foreclosed, so as to preclude entry of judgment on the bond for a deficiency resulting when the first mortgage was foreclosed.

PER CURIAM.

The order appealed from will be affirmed, for the reasons stated in the opinion filed in the court below by Vice-Chancellor Ingersoll.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, KALISCH, BLACK, CAMPBELL, LLOYD, CASE, BODINE, WHITE, VAN BUSKIRK, McGLENNON, KAYS, HETFIELD, DEAR, JJ. 15.

For reversal — None.

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SIVADE v. SMITH
(May 20, 1929)