From Casetext: Smarter Legal Research

B.H.K. Realty Co. v. Scarlet

Court of Chancery
Mar 5, 1930
149 A. 543 (N.J. 1930)

Opinion

Decided March 5th, 1930.

1. Chapter 202 ( P.L. 1925 p. 480) is procedural only and does not impair the right of redemption of lands from a tax sale held prior to the approval of the act.

2. When a defendant to a bill to foreclose a certificate of tax sale sets up by his answer the invalidity of the tax sale proceeding, that defense will be struck out on motion of the complainant unless within four months of the date of filing the answer the defendant obtains a writ of certiorari to review such proceedings as required by chapter 202 ( P.L. 1925).

On bill to foreclose certificate of tax sale. On motion to strike out answer.

Messrs. Henn Burr, for the motion.

Messrs. Peer Mahr, contra.


The answer of the defendants admits in part the allegations of the bill of complaint and leaves the complainant to its proof as to the remainder of those allegations. The first separate defense set up in the answer is an attack upon the validity of the tax sale proceedings. While the motion to strike out the answer is directed to the whole of it, no proofs are submitted with respect to the allegations in the bill as to which the complainant is left to his proof, and the argument has been confined to the sufficiency of the first separate defense. It is admitted for the purpose of the motion that a period of more than four months has elapsed since the filing of the answer and that no writ of certiorari has been "allowed to review the legality of such tax or other municipal lien, or the legality of the proceedings to sell, or the legality of such sale," as required by P.L. 1925 ch. 202 p. 480. This being so, I am obliged under the statute to strike out the first separate defense in the answer.

Counsel for the defendant argues that as the tax sale was had in 1920 the act of 1925 is not applicable and Rodgers v. Cressman, 98 N.J. Eq. 209, and Harrington v. Jones, 104 N.J. Eq. 377, are cited in support of this argument. But the 1925 act is procedural only and applies to all suits begun after its approval. The right of redemption from the tax sale is not affected by the act and it is conceded by complainant that the defendant has the right to redeem. The amount to which the complainant is entitled on redemption will be determined by the laws in force at the date of the sale. Rodgers v. Cressman, supra.

After the entry of an order striking out the first separate defense in the answer the state of the pleadings will require only formal proof of the allegations of the bill and a statement of an account indicating the amount required for redemption. I will refer the matter to a master for that purpose.


Summaries of

B.H.K. Realty Co. v. Scarlet

Court of Chancery
Mar 5, 1930
149 A. 543 (N.J. 1930)
Case details for

B.H.K. Realty Co. v. Scarlet

Case Details

Full title:B.H.K. REALTY COMPANY, a corporation, complainant, v. SARAH BELL SCARLET…

Court:Court of Chancery

Date published: Mar 5, 1930

Citations

149 A. 543 (N.J. 1930)
149 A. 543

Citing Cases

Trumbower v. Park Attractions, Inc.

"Being satisfied that the answer sets up no defense which may not properly be disposed of by a reference to a…

Paramount Investment Corp. v. Jessop

So much of the answer as alleges the invalidity of the assessment and the sale will be struck. B.H.K. Realty…