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CITIZENS FIRST NAT. BK. OF RIDGEWOOD v. GRULL

122 N.J. Super. 562 (1973)

301 A.2d 172

CITIZENS FIRST NATIONAL BANK OF RIDGEWOOD, A NATIONAL BANKING CORPORATION, PLAINTIFF, v. RICHARD GRULL AND DIANNE GRULL, HIS WIFE, AND MIDLAND PARK LUMBER & SUPPLY CO., INC., A NEW JERSEY CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 20, 1973.

Attorney(s) appearing for the Case

Mr. John S. Harrison, attorney for plaintiff Citizens First National Bank of Ridgewood.

Mr. Edward F. Merrey, Jr., for defendant Midland Park Lumber & Supply Co., Inc. (Messrs. Merrey & Merrey, attorneys).

Mr. Robert F. Henn for defendant Dianne Grull (Messrs. Weber, Muth & Weber, attorneys).

TRAUTWEIN, J.S.C.

This matter came on in the form of a motion by a junior encumbrancer, named as a defendant in a mortgage foreclosure suit, seeking an order directing the issuance of an alias writ of execution pursuant to the provisions of R. 4:64-4.

The court has considered the pleadings, the affidavits, the briefs and oral argument and makes the following findings of fact (all uncontroverted):

On January 11, 1968 defendants Richard...

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