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LESSER v. STRUBBE

67 N.J. Super. 537 (1961)

171 A.2d 114

SAMUEL B. LESSER, AS TRUSTEE, ETC., PLAINTIFF-APPELLANT, v. H. ERNEST STRUBBE, ET AL., DEFENDANTS-RESPONDENTS, AND ANDREW W. O'ROURKE, ET AL., DEFENDANTS, AND PAUL R. KLEINBERG, TRUSTEE, ETC., DEFENDANT-RESPONDENT. SAMUEL B. LESSER, AS TRUSTEE, ETC., PLAINTIFF, v. H. ERNEST STRUBBE, JR., ET AL., DEFENDANTS. ELEANOR STRUBBE, PLAINTIFF, v. SAMUEL B. LESSER, AS TRUSTEE, ETC., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 19, 1961.

Attorney(s) appearing for the Case

Mr. Alfred C. Clapp argued the cause for plaintiff-appellant (Messrs. Clapp & Eisenberg, attorneys).

Mr. Walter D. Van Riper argued the cause for defendant-respondent and plaintiff-respondent (Messrs. Van Riper & Belmont, attorneys).

Mr. Jack L. Cohen argued the cause for defendant-respondent, Paul R. Kleinberg, trustee.

Before Judges PRICE, GAULKIN and SULLIVAN.

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

Plaintiff, as trustee, brought two actions to foreclose two mortgages given by the defendants H. Ernest Strubbe, Sr. and Eleanor Strubbe, his wife. One mortgage covered property on Stiles Street, Elizabeth, N.J., which was owned by Eleanor Strubbe; the other covered three properties in Essex County, one of which was situate on Central Avenue, East Orange, and was owned by the Strubbes as tenants by the entirety...

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