ROSS v. PONEMON


109 N.J. Super. 363 (1970)

263 A.2d 195

BLANCHE NOBLE ROSS AND IRVIN W. ROSS, HER HUSBAND, PLAINTIFFS, v. BENJAMIN PONEMON, RUTH D. PONEMON, HIS WIFE; ROGER F. KING, PATRICIA F. KING, ROBERT L. HITCHNER, JOANNE HITCHNER, THEIR HEIRS, EXECUTORS, ADMINISTRATORS AND/OR ASSIGNS, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 10, 1970.


Attorney(s) appearing for the Case

Mr. J. Peter Davidow for plaintiffs.

Mr. Charles Lee Harp, Jr. for defendants Benjamin Ponemon and Ruth D. Ponemon (Messrs. Archer, Greiner, Hunter & Read, attorneys.)

Mr. Keron D. Chance for defendants Roger F. King and Patricia F. King.

Mr. David L. Horuvitz for defendants Robert L. Hitchner and Joanne Hitchner.


HORN, J.S.C.

This quiet title action was brought primarily for the purpose of obtaining a judical declaration that a certain tract of land, consisting of .61 acres on which is a small house occupied by plaintiffs, is not subject to a preemptive right of acquisition on the part of defendants Hitchner. Subordinate issues raised by means of counterclaim and crossclaims involve reformation of the preemptive agreement as well as damages and indemnification.

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