Capabianco v. Bork

106 N.J. Super. 429 (1969)

256 A.2d 76

VITO CAPABIANCO AND JULIA CAPABIANCO, HIS WIFE, PLAINTIFFS,

v.

JOHN L. BORK, JOSEPHINE M. BORK, HIS WIFE, AND FEDERAL NATIONAL MORTGAGE ASSOCIATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 26, 1969.

Mr. Donald I. Bierman for plaintiffs (Messrs. Bierman and Bierman, attorneys, not appearing).

Mr. Frank W. Hoak for defendants (Mr. Donald B. Jones, attorney).

LANE, J.S.C.

This is an action for partition with a counterclaim for subrogation to the rights of a prior mortgagee and for strict foreclosure. The facts are not in dispute. The…