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CLAYTON v. THOMPSON

3 N.J. Super. 290 (1949)

65 A.2d 642

DOUGLAS CLAYTON ET AL., PLAINTIFFS, v. GEORGE W. THOMPSON, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 30, 1949.

Attorney(s) appearing for the Case

Mr. Arthur E. Dienst (for whom appeared Mr. William R. Blair, Jr.), for the plaintiffs.

Mr. Ward Kremer, for the defendants.

ROGERS, J.S.C.

This is a partition suit. Plaintiffs apply for a judgment for distribution and for allowance of attorney's fee. Defendants object to such a judgment for the reason that there is no fund in court for distribution, pointing out that judgment was entered in this cause on December 3rd, last, to the effect that inter alia no order for sale of the premises would be entered inasmuch as the parties to the action had contracted for the sale of the premises...

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