Opinion
02-28-1935
KRUGER v. SHIFFMAN et al.
J. Raymond Tiffany, of Hoboken, for petitioners. Charles G. Carluccio, of Hoboken, for defendants.
syllabus by the Court.
A writ of assistance may issue on the petition of the grantee of the purchaser at foreclosure sale.
Suit by Anna Kruger against Harry Shiffman and others for foreclosure, in which Alice Kummert and another, grantees of purchaser at sheriff's sale, petitioned for a writ of assistance.
Writ granted.
J. Raymond Tiffany, of Hoboken, for petitioners.
Charles G. Carluccio, of Hoboken, for defendants.
BIGELOW, Vice Chancellor.
This was a foreclosure suit in which complainant purchased at sheriff's sale and took a deed from the sheriff. He then conveyed the premises to Alice Kummert and Otto Kummert. Upon defendants' refusal to surrender possession, the Kummerts now petition for a writ of assistance. Defendants resist the application on the sole ground that petitioners are neither parties to the cause nor purchasers at the sheriff's sale.