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ROGO v. MAHWAH REALTY CO.

20 N.J. 527 (1956)

120 A.2d 433

MILLIE ROGO AND RALPH ROGO, HER HUSBAND, PLAINTIFFS, v. MAHWAH REALTY CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY; MICHAEL CLEMENS, JEAN ALLEGRO AND ALLEN WEINTRAUB, DEFENDANTS. MAHWAH REALTY CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND JEAN ALLEGRO, CROSS-CLAIMANTS-APPELLANTS, v. ALLEN WEINTRAUB, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Argued January 30, 1956.

Decided February 13, 1956.

Attorney(s) appearing for the Case

Mr. Ervan F. Kushner argued the cause for the cross-claimants-appellants (Mr. Robert Kleiner, on the brief).

Mr. Archibald Kreiger argued the cause for the defendant-respondent (Mr. A. Leon Kohlreiter, attorney).

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

The sole issue here was raised by the cross-claimants seeking to have a certain deed executed by Mahwah Realty Co., Inc., declared a mortgage. From a determination adverse to this contention in the Superior Court, Chancery Division, an appeal was taken to the Superior Court, Appellate Division, which we certified prior to a review in that court.

The disposition...

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