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BYRAM HOLDING CO. v. BOGREN

2 N.J. Super. 331 (1949)

63 A.2d 822

BYRAM HOLDING CO., A CORPORATION OF NEW JERSEY, PLAINTIFF, v. ISAAK BOGREN, ET ALS., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 7, 1949.

Attorney(s) appearing for the Case

Mr. Milton J. Finkelstein (Mr. Julius Stein) for the plaintiff.

Mr. Alfred E. Modarelli (Mr. John J. Corcoran, Jr.) for the defendant Federal Housing Commissioner.

FREUND, J.S.C.

The plaintiff moved to strike the answer of the defendant, Franklin D. Richards, Federal Housing Commissioner, for the reason "that said answer is insufficient in law." The same defendant moved for summary judgment in his favor. The single question raised by the proceeding is the priority of the plaintiff's tax certificate over the mortgage owned by the defendant and acquired prior to the sale of the premises for unpaid taxes.

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