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FIDELITY UNION TRUST CO. v. NEWARK

11 N.J. Super. 205 (1950)

77 A.2d 820

FIDELITY UNION TRUST COMPANY, AS TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF MICHAEL J. DOYLE, DECEASED, PLAINTIFF, v. THE CITY OF NEWARK, AND MEYER C. ELLENSTEIN, DIRECTOR OF REVENUE AND FINANCE AND RECEIVER OF RENTS OF THE CITY OF NEWARK, DEFENDANTS.

Superior Court of New Jersey, Essex County Court Law Division.

Decided December 14, 1950.

Attorney(s) appearing for the Case

Messrs. Riker, Emery & Danzig (Mr. Charles W. Kappes, Jr., appearing), attorneys for plaintiffs.

Mr. Charles Handler (Mr. Joseph A. Ward, of counsel), attorney for defendants.

HARTSHORNE, J.C.C.

Plaintiff, the former owner of certain premises in the City of Newark, sold on tax sales to the City, sues the City for the amount of certain net rents collected from such properties by the City under the statute, during the period plaintiff still owned the property, and the City was the holder of the tax sale certificates thereon. Defendant claims these net rents, in the stipulated amount of $767.25, are to be applied by it to the payment of unpaid...

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