CHERRY v. CHERRY


168 N.J. Super. 386 (1979)

403 A.2d 45

CORNELIA CHERRY, PLAINTIFF, v. BENJAMIN CHERRY AND SALLY HAYWARD, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 30, 1979.


Attorney(s) appearing for the Case

Mr. Judson L. Levin for plaintiff.

Mr. Mario V. Farco for defendants.


YANOFF, J.S.C.

This case presents another problem incident to the concept of estate by the entirety.

The matter first came before me as a county district court case in which plaintiff Cornelia Cherry sought the removal of one of the defendants, Sally Hayward, under statutory provisions dealing with forcible entry and detainer (N.J.S.A. 2A:39-2 and 5). Since title was in issue and since proceedings under...

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