Golick v. Lukus

The opinion of the court was delivered by

Kilkenny, J. A. D.

Defendant appeals from a final judgment of the Chancery Division, ordering a partition sale of real estate known as Nos. 154-156 Palisade Avenue, Garfield, New Jersey, and directing that the proceeds of sale be deposited with the Clerk of the Court pending a further determination of the respective rights of the parties therein.

The basic issue on the appeal is whether partition of real estate may be ordered in a suit by the sole owner of the fee against a single life tenant with a possessory interest in a part only of the subject…