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GAUSEBECK v. PALLANTE

4 N.J. Super. 118 (1949)

66 A.2d 550

BEATRICE GAUSEBECK, PLAINTIFF-APPELLANT, v. FRANK PALLANTE AND SILVIA PALLANTE, HIS WIFE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1949.

Attorney(s) appearing for the Case

Mr. John D. McMaster argued the cause for the plaintiff-appellant.

Mr. William L. Russell, Jr. (Mr. Thomas F. Daly, attorney) argued the cause for the defendants-respondents.

Mr. David L. Bazelon, Assistant Attorney General of the United States, Mr. Alfred E. Modarelli, United States Attorney for the District of New Jersey, Mr. James L. Morrisson and Mr. Joseph W. Bishop, Jr., Attorneys of the United States Department of Justice, filed a brief amicus curioe.

Before Judges McGEEHAN, DONGES and COLIE.

The opinion of the court was delivered by DONGES, J.A.D.

On November 5, 1948, plaintiff entered suit for the possession of a tract of land in Warren County, New Jersey. The matter came on before Judge Joseph L. Smith on an Agreed Statement of Facts and from a judgment in favor of the defendants the plaintiff appeals.

The pertinent facts, which are not in dispute, are that plaintiff, Beatrice Gausebeck, on July 22, 1936, became the owner of the property in...

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