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TOTH v. BIGELOW

1 N.J. 399 (1949)

64 A.2d 62

FRANK A. TOTH, COMPLAINANT-RESPONDENT, v. FREDERICK BIGELOW, DEFENDANT, AND NEW JERSEY ZINC COMPANY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided February 21, 1949.

Attorney(s) appearing for the Case

Mr. Josiah Stryker argued the cause for the defendant-appellant, New Jersey Zinc Company (Messrs. Stryker, Tams & Horner, attorneys).

Mr. Thomas McNulty argued the cause for the complainant-respondent (Messrs. Milton, McNulty & Augelli, attorneys).

The opinion of the court was delivered by BURLING, J.

This is an appeal by the New Jersey Zinc Company from an order of the former Court of Chancery denying a motion by the appellant to dismiss a bill to quiet title. The bill, filed under the statute, R.S. 2:76-2 et seq., to quiet title to approximately 10.71 acres of land in Sussex County, named appellant and one Frederick Bigelow as defendants. As the result of an interchange of pleadings the jurisdiction...

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