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WEH v. WEH

63 N.J. Super. 238 (1960)

164 A.2d 508

ANNA D. WEH, PLAINTIFF, v. FREDERICK WEH, JR., ALSO KNOWN AS FRED WEH, JR., TRADING AS COLES EXPRESS, INTERSTATE COMMERCE COMMISSION, AN AGENCY OF THE UNITED STATES OF AMERICA, DAVID MacDONALD, STATE OF NEW JERSEY (DIRECTOR OF THE DIVISION OF EMPLOYMENT SECURITY, DEPARTMENT OF LABOR AND INDUSTRY), UNITED STATES OF AMERICA, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided October 5, 1960.

Attorney(s) appearing for the Case

Mr. Arthur M. Karl, attorney for plaintiff.

Mr. Chester A. Weidenburner, United States Attorney (Mr. Louis T. Gallo, Assistant United States Attorney, on the brief), attorney for intervenor.

MINTZ, J.S.C.

This is a proceeding incident to a partition action in which the United States of America (the "Government") seeks to obtain the money deposited in court representing the interest of defendant Frederick Weh, Jr. in his share of the proceeds from the sale. N.J.S. 2A:56-19 and 20. Plaintiff asserts an encumbrance on the fund and challenges the priority of the Government's claim.

On June 1, 1943 plaintiff and defendant Frederick Weh...

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