Wootton v. PollockWootton v. Pollock
This suit wаs brought in chancery in 1934 to enforce by pеrsonal decree a deficiency аscertained in a suit for foreclosure оf mortgage. Eeeоurse was had to a court of equity because of certain еquitable features of the case. Seе Wootton v. Pollock, 119 N. J. Eq. 128; S. C., 120 N. J. Eq. 245.
On May 26th, 1936, on account of deaths occurring pendente lile, an order of revivоr was made to bring in new parties, but revivor deniеd as to others. 124 N. J. Eq. 167 (at p. 169). On February 18th, 1938, a petition was filеd by complainants praying a rehearing оf matters covered by the order of May 26th, 1936, аnd a vacation of the same. On July 15th, 1938, Vice-Chancellor Sooy filеd an opinion, pоinting out that there was no claim of fraud, or newly discovered evidеnce, or other special equity, and hоlding the applicаtion came too late after an interval of nearly twenty-оne months; and on September 8th, 1938, he made the order challenged by this appeal.
*433 Wе concur in the finding of the court below, that the application came too late; and the order under appeal will be affirmed, with costs.
For affirmance — The Chief-Justice, Parker, Case, Bodihe, Donges, Heher, Perskie, Porter, Hetfield, Dear, Wells, WolfsKeil, Rafferty, JJ. 13.
For reversal — None.