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SILVER BAY HOMES v. HERRMANN

128 N.J. Super. 114 (1974)

319 A.2d 243

SILVER BAY HOMES, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. EDWARD HERRMANN AND ROSE MARIE HERRMANN, HIS WIFE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 1974.

Attorney(s) appearing for the Case

Mr. Edward Mainardi argued the cause for appellant (Messrs. Mainardi & Mainardi, attorneys).

No brief was filed by respondents, nor was there any appearance on their behalf.

Before Judges KOLOVSKY, FRITZ and CRANE.

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

In 1971, when defendant Edward Herrmann was adjudicated a bankrupt, he and his wife, defendant Rose Marie Herrmann, owned as tenants by the entirety a one-family house in East Paterson, New Jersey, in which they and their children resided. It is conceded that Edward's interest in the property passed to his trustee in bankruptcy who, pursuant to an order entered on May 4, 1972 by a referee in bankruptcy,...

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