HARVEY v. ORLAND PROPERTIES, INC.


118 N.J. Super. 104 (1972)

286 A.2d 711

HERBERT HARVEY, PLAINTIFF-APPELLANT, v. ORLAND PROPERTIES, INC., A NEW JERSEY CORPORATION, DEFENDANT, AND FREDA SOLOMON, DEFENDANT-APPELLANT, AND PAT ROMANELLI AND SARA ROMANELLI, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Supplemental Briefs Filed December 13, 1971.

December 22, 1971.

Decided January 19, 1972.


Attorney(s) appearing for the Case

Mrs. Sylvia B. Pressler argued the cause for appellants Herbert Harvey and Freda Solomon.

Mr. Walter J. Fessler argued the cause for respondents (Messrs. Lum, Biunno & Tompkins, attorneys; Mr. James C. Orr, on original brief).

Before Judges LEWIS, KOLOVSKY and HALPERN.


PER CURIAM.

The judgment is affirmed essentially for the reasons expressed by Judge Lane.

We supplement Judge Lane's conclusions and affirm for two additional reasons. (1) Under the circumstances existing in this case, the final decree of foreclosure through which respondents derived their title is not open to collateral attack by appellants. Andes v. Boyajian, 12 N.J.Super. 344, 348 (Ch. 1951) and cases cited...

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