Legal Opinion

Lippincott v. Smith

Supreme Court of New Jersey

Decided June 18, 1906PublishedCited by 7 opinions

On appeal of Daniel Y. Snmmorill, Jr., from a decree in chancery advised by Yice-Chancellor Grey, whose opinion is reported ante p. @b8.

1Opinion of the Court

The opinion of the court was delivered by

GUMMEKE, CiIIEX’-JeSTICE.

This is a bill for partition. The lands were not susceptible of an actual division and were therefore sold. The undivided interest of Joseph A. Burrough, one of the tenants in common, was subject to the lien of two judgments, one held by Eachel Burrough and the other by Daniel V. Summcrill, Jr., each of whom claim to be entitled to priority of payment out of Joseph A. Burrough’s share of the proceeds of sale. His share of the proceeds, being insufficient to satisfy both judgments, is held by the court of chancery to await the…

2Cited by7 opinions

  1. Vineland Savings & Loan Assn. v. FelmeyNew Jersey Superior Court Appellate Division · 1950
  2. Silver v. WilliamsNew Jersey Superior Court Appellate Division · 1962
  3. Swift Co. v. First Nat. Bank of HightstownNew Jersey Court of Chancery · 1933
  4. Riverside Building and Loan Asso. v. BishopNew Jersey Court of Chancery · 1925
  5. PULAWSKI S. & L. ASS'N v. AguiarNew Jersey Superior Court Appellate Division · 1980

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