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HEWARD v. HYDE

3 N.J. Super. 492 (1949)

67 A.2d 361

THOMAS L. HEWARD AND AUDREY HEWARD, PLAINTIFFS, v. FRANK R. HYDE, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided June 23, 1949.

Attorney(s) appearing for the Case

Mr. Solomon Lautman, for the plaintiffs.

Mr. Thomas D. Nary, for the defendant.

ROGERS, J.S.C.

This is a suit to compel defendant to perform his contract to purchase real estate. The sole defense is that plaintiffs' title is unmarketable.

There was a mortgage upon the premises to "Ella E. Barkalow, Trustee for Hannah B. Hall" when plaintiffs' grantor instituted a foreclosure action upon its tax sale certificate to which the said trustee-mortgagee was made a party defendant. Defendant claims...

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