24 N.J. Super. 534 (1953) 95 A.2d 23 PETER J. HECK, SR., AND LILLIE MABEL HECK, PLAINTIFFS,
v.
EDNA CANNON, MARTIN CANNON, EDSALL HOLDING COMPANY, A CORPORATION OF NEW JERSEY, WILLIAM ROLLER, GLADYS ROLLER, EVA CORNELL, MR. CORNELL, HUSBAND OF EVA CORNELL, AND HER UNKNOWN HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES, AND HIS, HER, THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST; MR. RUSSELL, HUSBAND OF EMMA RUSSELL, ANNA RUSSELL, MR. RUSSELL, HUSBAND OF ANNA RUSSELL, AND THE UNKNOWN HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES OF ANNA AND EMMA RUSSELL, AND HIS, HER, THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST; ANNA ORDILLE, ANTHONY ORDILLE, RAYMOND MARTILINI, JOSEPHINE MARTILINI, JOSEPH MARTILINI, IDA MARTILINI, CATHERINE MORRIN, CHARLES MORRIN, LILLIAN HEMMINGWAY, ARTHUR HEMMINGWAY, ANNA PUCH, HERBERT PUCH, ANDREW M. MARTILINI, ANNA MARTILINI, ANGELO MARTILINI; THE STATE OF NEW JERSEY, FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF HAMMONTON; THE UNKNOWN HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES OF EMMA RUSSELL AND HIS, HER, THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST; PETER S. TILTON AND SON, DEFENDANTS. Superior Court of New Jersey, Chancery Division.
Decided February 6, 1953. *536 Mr. William Charlton, attorney for plaintiffs.
Mr. Abraham Natovitz, attorney for defendant Edsall Holding Company.
HANEMAN, J.S.C.
This is an action to quiet title. The facts have been agreed upon and are set forth in the pretrial order. Although the complaint contains three counts, there has been an agreement by stipulation that only the first count is to be considered. The facts are as follows:
By deed dated October 28, 1884, duly recorded in the clerk's office of Atlantic County, Book 101 at page 266, Mary A. Will et vir conveyed to Andrew Roller, Jr. and his son Andrew P. Roller, lands and premises situate in the Borough of Folsom, County of Atlantic and State of New Jersey, said lands and premises being the subject matter of this suit. Said Andrew Roller, Jr. died intestate in 1907 and left the following children born to or adopted by him: William Roller, Andrew P. Roller, Emma Russell, Lillie Martilini and Louisa Buch. Andrew P. Roller and his wife, both of whom died intestate, left no children born to or adopted by them. Thus his interest is now vested in his brothers and sisters. There *537 is no need, for the purpose of this opinion, to discuss further the issue and heirs of Andrew Roller, Jr. or Andrew P. Roller.
Andrew P. Roller and the heirs of Andrew Roller, Jr. failed to pay taxes for the year 1913, and on August 19, 1914 Louisa Buch purchased a tax sale certificate on the property. She attempted to perfect her title by giving notice to redeem to all persons in interest and filed her proofs on October 16, 1916. In May of 1930 Andrew P. Roller, who had an undivided one-half interest in the property by virtue of the deed of 1884, and also an additional one-fifth interest therein by virtue of the inheritance