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YEISER v. ROGERS

32 N.J. Super. 581 (1954)

108 A.2d 877

BENJAMIN YEISER, SR., AS ANCILLARY GUARDIAN OF JOHN YEISER, BENJAMIN YEISER, JR., AND RUTH YVONNE YEISER, MINORS AND HEIRS OF THE LATE MINNIE YEISER, NEE SHELTON, ALSO KNOWN AS MINNIE ROGERS, DECEASED, PLAINTIFF-APPELLANT, v. RAYMOND ROGERS, DEFENDANT-RESPONDENT, AND RAYMOND ROGERS, JR., AN INFANT OVER 14 YEARS OF AGE, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1954.

Attorney(s) appearing for the Case

Mr. Samuel A. Bloom argued the cause for appellant.

Mr. George F. Losche argued the cause for respondent (Messrs. Schneider & Schneider, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered by JAYNE, J.A.D.

Before the relatively recent advent of the renaissance in the procedural law of our State, the cause of action alleged by the plaintiff would have been reputed to be one in ejectment to recover possession of a residential property in the City of Englewood, Bergen County. By way of a counterclaim the defendant sought the declaration of a presumptive or resulting trust in the property in his favor.

It was...

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