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WESTERN SAV FUND SOC., PHILA. v. GOODMAN, ET AL.

103 N.J. Super. 307 (1968)

247 A.2d 151

THE WESTERN SAVINGS FUND SOCIETY OF PHILADELPHIA, PLAINTIFF, v. JEAN N. GOODMAN, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided October 17, 1968.

Attorney(s) appearing for the Case

Mr. David Baker for defendants Seaboard Finance Company, Hazel L. Pietras and Nesbitt Sales Company.

Mr. Chauncey L. Barrett for defendant New Jersey Bell Telephone Company.

Mr. James S. Cafiero for defendant J.J. Hone, a corporation (Messrs. Cafiero & Balliette, attorneys).

Mr. John Corino for defendant David A. Elliott (Messrs. Kay & Corino, attorneys).

Mr. Joseph Tenenbaum for defendants Robert Hepburn and Elizabeth Hepburn.

Mr. Palmer M. Way, Jr. for defendant Thomas B. Benner, Jr.

HORN, J.S.C.

The issue before me deals with the priorities of judgment creditors in surplus funds arising from a sheriff's sale resulting from a mortgage foreclosure. R.R. 4:82-4 provides that an application may be made for surplus moneys in foreclosure actions at any time after the sale, and may be heard by the court on motion or notice to all defendants whose claims are not directed in the mortgage foreclosure execution to be paid out of the proceeds of the...

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