Marder v. Realty Construction Co.

The opinion of the court was delivered

Per CuetaM.

This is an action for possession of real property brought under N. J. 8. 2A:35-1 which provides that a person “claiming the right of possession of real property in the possession of another, or claiming title to such real property” shall be entitled to have “his rights determined” in a,n action in a court therein specified. Defendant disavowed any interest in the property and denied ever having been in possession. The trial court directed judgment for defendant upon plaintiff’s opening and the Appellate Division affirmed. Mar der v. Realty…