BOROUGH OF OAKLAND v. ROTH


25 N.J. Super. 32 (1953)

95 A.2d 422

BOROUGH OF OAKLAND, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. EMIL ROTH AND ELLA MAE ROTH, HIS WIFE, ALICE E. CASELLA AND CHARLES N. CASELLA, HER HUSBAND, GARRETT W. JUNTA AND ETHEL A. JUNTA, HIS WIFE, AND SHIRLEY TINTLE AND DONALD TINTLE, HER HUSBAND, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 20, 1953.


Attorney(s) appearing for the Case

Messrs. Weber & Muth, attorneys for plaintiff.

Mr. James A. Major, attorney for defendants Roth.

Mr. James I. Toscano, attorney for defendants Casella.

Messrs. McDonald & Podesta, attorneys for defendants Tintle.

Mr. Theodore D. Parsons, Attorney-General.


GRIMSHAW, J.S.C.

From the complaint filed in this cause it appears that the defendant Roth is the owner of a large tract of land in the Borough of Oakland, across which he has heretofore laid an unpaved street called Martha Place. On August 28, 1951 Roth conveyed a lot facing on Martha Place to the defendant Alice E. Casella. On December 1, 1951 Roth conveyed another lot facing on Martha Place to the defendant Junta, and on December 15, 1951 Roth conveyed still a...

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