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CITY OF NEWARK v. FISCHER

8 N.J. 191 (1951)

84 A.2d 547

CITY OF NEWARK, PETITIONER-RESPONDENT, v. CHARLES FISCHER, OR NORBET CORPORATION, RESPONDENT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 12, 1951.

Attorney(s) appearing for the Case

Mr. Frederick C. Vonhof argued the cause for appellant.

Mr. Vincent J. Casale argued the cause for respondent (Mr. Charles Handler, attorney).

Mr. Sackett M. Dickinson argued the cause for the Trustees for the Support of Public Schools of the State of New Jersey (Mr. Theodore D. Parsons, attorney).

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

This appeal, certified here on our own motion, is from a judgment of the Division of Tax Appeals. The question is whether a real estate tax may be levied against a vendee in possession under an executory contract for sale when legal title to the premises is in a public body exempt from taxation.

The Trustees for the Support of Public Schools acquired the property by foreclosure in 1935. One of the tenants...

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