Joan Mitchell v. Wilmington Trust Company

HARTNETT, Vice Chancellor This is the decision after trial on an action brought for the purpose of extinguishing a mortgage lien on plaintiff's real estate. Defendant, Wilmington Trust Company, the holder of the mortgage, filed a counterclaim against plaintiff to set aside a conveyance of the real estate in question as being in violation of the provisions of 6 Del.C. § 1307, relating to fraudulent transfers, and brought a third-party action against the plaintiff's former husband, Robert R. Mitchell, alleging fraud in connection with the execution of the original mortgage. A default judgment was entered against Robert R. Mitchell and after considering the evidence adduced at trial as well as the legal theories advanced by the parties, I find for the plaintiff and against the defendant. I