JUNGE v. HUTTON


3 N.J. Super. 17 (1949)

65 A.2d 537

MAZIE E. JUNGE, PLAINTIFF-RESPONDENT, v. CLYDE D. HUTTON ET AL., DEFENDANTS-APPELLANTS. JUDSON B. SALISBURY, PLAINTIFF-APPELLANT, v. CLYDE D. HUTTON ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 12, 1949.


Attorney(s) appearing for the Case

Mr. George E. Winne (Messrs. Winne & Banta, attorneys) argued the cause for the plaintiff-defendant-respondent, Mazie E. Junge.

Mr. Julian C. Harrison argued the cause for the defendant-plaintiff-appellant, Judson B. Salisbury.

Before Judges JACOBS, EASTWOOD and BIGELOW.


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

The mortgagee of real estate, Mr. Salisbury, and the assignee of a tax sale certificate, Mrs. Junge, each claims priority of lien. The case turns on the question whether Mrs. Junge has beneficial title to the certificate that stands in her name, or whether she holds it on a secret trust for Hutton, who is the owner of the equity of redemption. If Mrs. Junge is the real owner, the certificate is the first lien...

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