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BURG v. EDMONDSON

111 N.J. Super. 82 (1970)

267 A.2d 545

JEROLD BURG AND SESLYE BURG, HIS WIFE, PLAINTIFFS, v. PATRICK J. EDMONDSON, JOANNE MARY EDMONDSON, HIS WIFE, LINCOLN NATIONAL BANK, A CORPORATION, THE DINERS' CLUB, INC., A CORPORATION, ROBINSON LUMBER COMPANY, A CORPORATION, ASSOCIATED MERCHANTS ACCEPTANCE, INC., A CORPORATION, THE FIRST PENNSYLVANIA BANKING AND TRUST COMPANY, A CORPORATION, ACCREDITED CONSUMER DISCOUNT COMPANY, INC., A CORPORATION, AND PHILADELPHIA NATIONAL BANK, A BANKING CORPORATION OF THE UNITED STATES OF AMERICA, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 19, 1970.

Attorney(s) appearing for the Case

Mr. Albert B. Melnik for plaintiff (Messrs. Melnik, Tarter, Muller and Morgan, attorneys).

Mr. Patrick G. Mahoney for defendants Patrick J. Edmondson and Joanne Mary Edmondson.

Mr. Raymond Saltzman for defendant Lincoln National Bank.

Mr. Samuel Gerstein for defendants The Diners' Club, Inc., Robinson Lumber Co. and Accredited Consumer Discount Company, Inc. (Messrs. Epstein, Fluharty, Freeman and Gerstein, attorneys).

Mr. Sidney R. Granite for defendant Associated Merchants Acceptance, Inc. (Messrs. Granite and Granite, attorneys).

Mr. Madison S. DuBois for defendant The First Pennsylvania Banking and Trust Co. (Messrs. DuBois, Maiale and DuBois, attorneys).

Mr. Michael N. Kouvatas for defendant Philadelphia National Bank.

Mr. Ralph J. Kmiec for petitioner James W. Hamilton, Jr. (Messrs. Kmiec & Palumbo, attorneys).

WICK, J.S.C.

This is a motion for payment of surplus monies from a fund paid into court.

In the underlying suit, Jerold Burg sought a partition of a certain tract owned by him and defendant Edmondson as partners.

Judgment was entered determining that partition was not equitable and ordering that the land be sold. The proceeds of the sale were to be distributed between plaintiff and defendant according...

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