STATE, COM'R OF TRANSPORTATION v. SHUMAN


150 N.J. Super. 9 (1977)

374 A.2d 500

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-RESPONDENT, v. JEROME SHUMAN; U.S. OF AMERICA; NEW MARKET POULTRY FARMS, INC. A CORPORATION OF N.J.; PHYLLIS P. DEITZ; ENGLISHTOWN AGWAY CORP., INC. A CORPORATION OF N.Y.; FELLOWS & READ, A PARTNERSHIP; JOHN C. FELLOWS JR.,; JOSEPH R. READ, STATE OF N.J., TWP. OF EAST WINDSOR, IN THE COUNTY OF MERCER, A MUNICIPAL CORPORATION OF N.J., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 1977.


Attorney(s) appearing for the Case

Messrs. Cascone & Hofing, attorneys for appellants, New Market Poultry Farms, Inc. and Ida Pack (Mr. Sidney Lesser Hofing, of counsel; Mr. Joseph E. Buckley, Jr. on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondent State of New Jersey, by the Commissioner of Transportation (Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Jeffrey M. Hall, Deputy Attorney General, on the brief).

Mr. Jerome Shuman, pro se.

Before Judges BISCHOFF, MORGAN and KING.


PER CURIAM.

Defendants New Market Poultry Farms, Inc. and Ida Pack appeal a lower court judgment awarding the entire proceeds from a condemnation by the State to defendant Jerome Shuman. We reverse in part and remand.

The pertinent history develops as follows:

In 1961 the IRS seized the right, title and interest of Michael Pack in the subject parcel of land to satisfy a federal tax lien filed against him in 1959. The deed was recorded

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