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KING v. GREENE

30 N.J. 395 (1959)

153 A.2d 49

MARIE KING, PLAINTIFF-RESPONDENT, v. JOSEPH M. GREENE, MABEL GREENE, MARGARETTA P.W. HARRISON, JOHN CUSICK AND ELAINE CUSICK, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Reargued June 1, 1959.

Decided June 30, 1959.

Attorney(s) appearing for the Case

Mr. John Warren, Jr. argued the cause for the defendants-appellants (Messrs. Parsons, Labrecque, Canzona & Combs, attorneys for defendants-appellants Greene and Cusick; Mr. Burton T. Doremus, attorney for defendant-appellant Harrison).

Mr. Patrick J. McGann, Jr. argued the cause for the plaintiff-respondent (Messrs. Applegate, Reussille, Cornwell & Hartman, attorneys).

Brief filed on behalf of New Jersey Title Insurance Association, amicus curiae, by Messrs. Maurice A. Silver and Donald B. Jones (Mr. Donald B. Jones also argued orally for the amicus curiae).

The opinion of the court was delivered by BURLING, J.

This is an action seeking possession of lands, damages for mesne profits and a declaration that a mortgage encumbrance held by defendant Margaretta P.W. Harrison is a nullity and directing its discharge of record. The Superior Court, Law Division, hearing the matter on stipulated facts, granted plaintiff's motion for summary judgment. Defendants appealed, and while pending and prior to argument in the Appellate...

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