Toth v. Bigelow

The opinion of the court was delivered by

Burling, J.

This is an appeal by the New Jersey Zinc Company from an order of the former Court of Chancery denying a motion by the appellant to dismiss a bill to quiet title. The bill, filed under the statute, R. 5". 2:76-2 et seq., to quiet title to approximately 10.71 acres of land in Sussex County, named appellant and one Frederick Bigelow as defendants. As the result of an interchange of pleadings the jurisdiction of the Court of Chancery was placed in issue and the matter came on for preliminary hearing limited to the jurisdictional issue…