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DAVANNE REALTY CO. v. BRUNE

67 N.J. Super. 500 (1961)

171 A.2d 97

DAVANNE REALTY CO., ETC., PLAINTIFF, v. LEON BRUNE, DEFENDANT AND CROSS-CLAIMANT-APPELLANT, AND JOHN CERVASE, TRUSTEE, MARY CERVASE AND JOHN CERVASE, DEFENDANTS-RESPONDENTS ON CROSS-CLAIM.

Superior Court of New Jersey, Appellate Division.

Decided May 18, 1961.

Attorney(s) appearing for the Case

Mr. Robert B. Kroner argued the cause for defendant and cross-claimant-appellant Brune (Messrs. Bendit, Weinstock, Cummis & Kroner, attorneys).

Mr. Marvin A. Stern argued the cause for defendants-respondents on cross-claim Cervase (Messrs. Bozzuffi & Stern, attorneys).

Before Judges GOLDMANN, FOLEY and LEWIS.

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

Defendant Brune appeals from a Chancery Division judgment in a foreclosure action determining the amounts due to a certain judgment creditor and to defendants Cervase, fixing priorities, and directing a sale of the premises by the sheriff to raise and satisfy the monies owing.

In July 1959 plaintiff Davanne Realty Co. (Davanne) instituted an action to foreclose a first mortgage which defendant Brune...

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