Legal Opinion
Burbach v. Sussex County Municipal Utilities Authority
New Jersey Superior Court Appellate Division
Decided February 17, 1999PublishedCited by 1 opinion
1Opinion of the Court
The opinion of the court was delivered by
PRESSLER, P.J.A.D.
The single and narrow question raised by this appeal is whether a non-debtor tenant in common is entitled to notice, pursuant to R. 4:65-2, of an execution sale to enforce a judgment against a debtor co-tenant. We answer this question in the affirmative and accord*230ingly reverse the judgment below denying relief to the unnoticed, non-debtor tenant in common.
The facts are not in substantial dispute. In 1973, plaintiff Theodore F. Beck and Harold Burbaeh took title as tenants in common to a seventy-three acre tract in Sussex County by a…
2Cases cited8 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
- Newman v. ChaseSupreme Court of New Jersey · 1976
- New Brunswick Savings Bank v. MarkouskiSupreme Court of New Jersey · 1991
- Orange Land Company v. BenderNew Jersey Superior Court Appellate Division · 1967
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3Cited by1 opinion
- Burbach v. SUSSEX CTY. MUN. UTIL. AUTH.New Jersey Superior Court Appellate Division · 1999