CAPABIANCO v. BORK


106 N.J. Super. 429 (1969)

256 A.2d 76

VITO CAPABIANCO AND JULIA CAPABIANCO, HIS WIFE, PLAINTIFFS, v. JOHN L. BORK, JOSEPHINE M. BORK, HIS WIFE, AND FEDERAL NATIONAL MORTGAGE ASSOCIATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 26, 1969.


Attorney(s) appearing for the Case

Mr. Donald I. Bierman for plaintiffs (Messrs. Bierman and Bierman, attorneys, not appearing).

Mr. Frank W. Hoak for defendants (Mr. Donald B. Jones, attorney).


LANE, J.S.C.

This is an action for partition with a counterclaim for subrogation to the rights of a prior mortgagee and for strict foreclosure. The facts are not in dispute. The matter is now before the Court on final hearing. The plaintiffs did not press the complaint nor appear at the final hearing, having no objection to whatever disposition to be made by the Court on the counterclaim.

On June 14, 1961 George W. Fink and Jeannette V. Fink, his wife, acquired...

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