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NYSTROM v. PENNYCOOK

29 N.J. Super. 456 (1954)

102 A.2d 791

JOHN A. NYSTROM AND HARRIET NYSTROM, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. JANE PENNYCOOK AND JAMES PENNYCOOK, HER HUSBAND, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 11, 1954.

Attorney(s) appearing for the Case

Mr. Archibald Kreiger argued the cause for plaintiffs-respondents (Mr. Carl Gelman, attorney).

Mr. Joseph J. DeLuccia argued the cause for defendants-appellants (Mr. Joseph V. Fumagalli, attorney).

Before Judges JAYNE, FRANCIS and CLAPP.

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

Defendants appeal from a mandatory injunctive order issued on motion after plaintiffs had secured judgment in an action for possession of land.

The action was in the Superior Court, Law Division. As appears by the complaint and pretrial order, plaintiffs sued not only for possession of a six-inch strip of land upon which defendants had built a retaining...

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