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BREMUS v. FORSATZ

5 N.J. Super. 435 (1949)

69 A.2d 557

MARTIN BREMUS, PLAINTIFF-RESPONDENT, v. JOHN FORSATZ AND EMIL FORSATZ, INDIVIDUALLY AND AS EXECUTORS OF THE ESTATE OF TESSIE BREMUS, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1949.

Attorney(s) appearing for the Case

Mr. Israel Friend argued the cause for appellants (Messrs. Friend & Friend, attorneys).

Mr. Joseph J. DeLuccia argued the cause for respondent.

Before Judges McGEEHAN, COLIE and EASTWOOD.

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

The first cause of action set forth in the amended complaint alleges that two tracts of land in Clifton, New Jersey, were conveyed to Americk and Tessie Forsatz in 1923 subject to a mortgage of $4,000 held by one Peter Dahlen. In 1930 Americk Forsatz died and in 1933 his widow, Tessie, married Martin Bremus, the plaintiff. In 1941 Dahlen demanded payment of the mortgage, whereupon Tessie Bremus and her son, Emil...

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