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VanDYKE v. CAROL BUILDING CO.

36 N.J. Super. 281 (1955)

115 A.2d 607

EDGAR C. VanDYKE, ET AL., PLAINTIFFS-APPELLANTS, v. CAROL BUILDING COMPANY, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1955.

Attorney(s) appearing for the Case

Mr. Louis B. LeDuc argued the cause for the plaintiffs-appellants.

Mr. Walter N. Read argued the cause for the defendant-respondent First Federal Savings and Loan Association of Hammonton (Messrs. Archer, Greiner, Hunter & Read, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

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

This is a contest for priority between a grantor seeking the enforcement of a lien for unpaid purchase price and the holder for value of a mortgage executed by the grantee subsequently recorded. The basis of the plaintiff's claim is that because the deeds recited the consideration as "one dollar and other good and valuable consideration" and no revenue stamps were attached, the mortgagee, although admittedly...

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