J.T. EVANS CO. v. FANELLI


59 N.J. Super. 19 (1959)

157 A.2d 36

J.T. EVANS CO., PLAINTIFF, v. MICHAEL J. FANELLI AND HENRIETTA FANELLI, HIS WIFE; AND RICHARD T. SWOPE AND KATHRYN A. SWOPE, HIS WIFE, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 21, 1959.


Attorney(s) appearing for the Case

Messrs. DuBois, Maiale and DuBois (Mr. Madison S. DuBois appearing), attorneys for plaintiff.

Messrs. Kisselman, Devine and Deighan (Mr. Neil F. Deighan, Jr., appearing), attorneys for defendants Michael J. Fanelli and Henrietta Fanelli, his wife.

Mr. Donald R. Taggart, attorney for defendants Richard T. Swope and Kathryn A. Swope, his wife.


DZICK, J.C.C.

This is a complaint in the nature of a declaratory judgment to determine the priority between the plaintiff, as a mechanics' lien judgment creditor, and the defendants, who claim title through a judicial sale under a levy execution and sale of certain realty upon a general judgment, involving the same real estate.

The question to be determined is whether a sale on execution under a general judgment, at which sale the general judgment creditor...

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