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EGGLESTON v. FOX

96 N.J. Super. 142 (1967)

232 A.2d 670

ABNER E. EGGLESTON AND EDITH EGGLESTON, HIS WIFE; RICHARD S. SLACUM, VICTOR C. OTTO AND ETHEL M. OTTO, HIS WIFE; RODGER CHEETHAM AND EDITH CHEETHAM, HIS WIFE; HENRY REEVES AND FAY REEVES, HIS WIFE; MILLARD G. VANDERGRIFT, INDIVIDUALLY AND ON BEHALF OF AND IN THE NAME OF THE BOROUGH OF HADDONFIELD, NEW JERSEY, PLAINTIFFS-APPELLANTS, v. FREDERICK S. FOX, JR. AND FRANCES Y. FOX, HIS WIFE, AND CHARLES W. YOUNG AND ELIZABETH M. YOUNG, HIS WIFE, AND ALBERT BOYD SHARP, DEFENDANTS RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 1967.

Attorney(s) appearing for the Case

Mr. Edward J. Brady argued the cause for appellants (Mr. Joseph Pierce Lodge, attorney).

Mr. James Hunter, III argued the cause for respondents (Messrs. Archer, Greiner, Hunter & Read, attorneys for respondents Frederick S. Fox, Jr. and Frances Y. Fox, his wife; Mr. W. Thomas Grimm on the brief. Messrs. Miller, Myers, Matteo & Davis, attorneys for respondents Charles W. Young and Elizabeth M. Young, his wife; Mr. Daniel W. Myers, 2d, of counsel. Mr. Matthew F. Van Istendal, Jr., attorney for respondent Albert Boyd Sharp; Mr. Eivind H. Barth, Jr., of counsel).

Before Judges SULLIVAN, KOLOVSKY and CARTON.

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

In May 1965 plaintiffs-taxpayers sued individually and on behalf of the Borough of Haddonfield to set aside a deed made by the borough to Charles W. Young pursuant to a resolution adopted in April 1962.

The challenged deed conveyed the municipality's interest in a parcel of landlocked property approximately 35 feet wide by 73 feet deep acquired by deed...

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