COURTNEY v. HANSON


3 N.J. Super. 47 (1949)

65 A.2d 530

WILLIAM H. COURTNEY, PLAINTIFF-RESPONDENT, v. MILDRED HANSON ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 13, 1949.


Attorney(s) appearing for the Case

Mr. Ralph W. Chandless (Messrs. Chandless, Weller, Kramer & Frank, attorneys) argued the cause for the defendants-appellants.

Mr. Nathan N. Schildkraut (Mr. Albert B. Kahn, attorney) argued the cause for the respondents.

Before Judges McGEEHAN, DONGES and COLIE.


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

The question is whether the administrator pendente lite or the heirs of the decedent are entitled to surplus money arising from a mortgage foreclosure sale.

The property was owned by William Hanson, subject to a first mortgage of $7,000 and a second mortgage of $3,000, both held by the complainant William Courtney. On January 2, 1947, William Hanson and Mildred Hanson, his wife, entered into...

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