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HECK v. CANNON

24 N.J. Super. 534 (1953)

95 A.2d 23

PETER J. HECK, SR., AND LILLIE MABEL HECK, PLAINTIFFS, v. EDNA CANNON, MARTIN CANNON, EDSALL HOLDING COMPANY, A CORPORATION OF NEW JERSEY, WILLIAM ROLLER, GLADYS ROLLER, EVA CORNELL, MR. CORNELL, HUSBAND OF EVA CORNELL, AND HER UNKNOWN HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES, AND HIS, HER, THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST; MR. RUSSELL, HUSBAND OF EMMA RUSSELL, ANNA RUSSELL, MR. RUSSELL, HUSBAND OF ANNA RUSSELL, AND THE UNKNOWN HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES OF ANNA AND EMMA RUSSELL, AND HIS, HER, THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST; ANNA ORDILLE, ANTHONY ORDILLE, RAYMOND MARTILINI, JOSEPHINE MARTILINI, JOSEPH MARTILINI, IDA MARTILINI, CATHERINE MORRIN, CHARLES MORRIN, LILLIAN HEMMINGWAY, ARTHUR HEMMINGWAY, ANNA PUCH, HERBERT PUCH, ANDREW M. MARTILINI, ANNA MARTILINI, ANGELO MARTILINI; THE STATE OF NEW JERSEY, FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF HAMMONTON; THE UNKNOWN HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES OF EMMA RUSSELL AND HIS, HER, THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST; PETER S. TILTON AND SON, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 6, 1953.

Attorney(s) appearing for the Case

Mr. William Charlton, attorney for plaintiffs.

Mr. Abraham Natovitz, attorney for defendant Edsall Holding Company.

HANEMAN, J.S.C.

This is an action to quiet title. The facts have been agreed upon and are set forth in the pretrial order. Although the complaint contains three counts, there has been an agreement by stipulation that only the first count is to be considered. The facts are as follows:

By deed dated October 28, 1884, duly recorded in the clerk's office of Atlantic County, Book 101 at page 266, Mary A. Will et vir conveyed to Andrew Roller, Jr. and his...

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