United States v. 7.41 ACRES OF LAND, ETC.
| Decision Date | 29 October 1945 |
| Docket Number | No. M 553a.,M 553a. |
| Citation | 63 F. Supp. 43 |
| Parties | UNITED STATES v. 7.41 ACRES OF LAND IN CITY AND COUNTY OF CAMDEN, N. J., et al. |
| Court | U.S. District Court — District of New Jersey |
Theodore T. French, of Camden, N. J., per se, and for Sadie Sablosky, Eda J. Heaton, Florence Sablosky, Ethel C. McGuirk, Florence Howard Loveland, Caroline Elizabeth Bowen, William Collins French, Jr., Genevieve Adelaide Bennett, and attorney in fact for Woodrow Wilson French.
Isadore H. Hermann, of Camden, N. J., for City of Camden.
Walter D. Van Riper, Atty. Gen., of New Jersey by Robert Peacock, of Mount Holly, N. J., for State of New Jersey.
W. Louis Bossle, of Camden, N. J., for Emma L. Barclay, executrix, of Walter C. Barclay.
On November 2, 1942, a petition was filed in this court on behalf of the United States to condemn the premises described therein consisting of certain vacant acreage in the City of Camden, New Jersey, for the "term of one year beginning on the day of the filing of this petition with the right to renew from year to year upon thirty days' notice."
The petition was based upon the certificate of necessity of the United States Maritime Commission that the exclusive use and occupancy of the property in question was imperatively and immediately required by the exigencies of national defense to be used in connection with the construction of sea going vessels. It was alleged to be filed under authority of Title II of the Second War Powers Act, 1942, 50 U.S.C.A.Appendix, § 632; the Act of Congress known and described as Public Law 247, 77th Congress, approved August 25, 1941, 55 Stat. 669; and the Act of Congress known and described as Public Law 474, 77th Congress, approved March 5, 1942, 56 Stat. 128.
On November 6, 1942, an order was made by this court which gave exclusive possession of the lands described in the petition to the United States.
On July 29, 1943, a notice was given by the United States that on August 14, 1943, it would move to amend its petition in condemnation so that the term for which the land was acquired would terminate on June 30, 1944, and to substitute the Navy Department as the acquiring agency instead of the United States Maritime Commission. The file in the case discloses that the United States Marshal served Eda J. Heaton with a copy of the notice on August 4, 1943, but his attempt to serve Ethel C. McGuirk, Florence Sablosky and Sadie Sablosky on August 3, 1943, failed because he was unable to find them in this district.
On August 14, 1943, an order was entered by this court amending the petition of November 2, 1942 in accordance with the foregoing application.
On August 1, 1944, the United States filed another notice that it had elected to extend its occupancy to December 31, 1944.
On October 27, 1944, the City of Camden filed a petition in which it set out in detail that it was the holder of two tax certificates covering the lands in question and that there were taxes due to it in the sums stated therein. It further alleged that pursuant to Chapter 54, New Jersey Laws of 1942, Chapter 144, New Jersey Laws of 1943, N.J.S.A. Title 54:553.1, the City of Camden was entitled to the immediate possession of the lands acquired by the United States in these proceedings and to all the rents and profits thereof.
On November 20, 1944, the United States gave notice that it would apply to the court for the appointment of condemnation commissioners to fix an award of reasonable compensation for the property for the term for which it had acquired it. The notice was addressed to the following: Genevieve Adelaide Bennett, William Collins French, Jr., Theodore T. French, Caroline Elizabeth Bowen, Florence Howard Loveland, Woodrow Wilson French, Ethel C. McGuirk, Florence Sablosky, Sadie Sablosky, Eda J. Heaton, the State of New Jersey, Henry Sherman and Benjamin Sleeper trading as Sherman & Sleeper, and the City of Camden.
Service of the notice was made upon all parties in interest except Ethel C. McGuirk, Florence Sablosky and Sadie Sablosky. The notice of the application was also advertised.
On January 9, 1945, the United States filed notice that it again elected to extend the term of its occupancy for a further period to terminate June 30, 1945.
Condemnation commissioners were appointed and awarded the sum of $19,100 as just compensation for the period from November 6, 1942, to June 30, 1945, upon a monthly rental of $600. This award was affirmed by the court on June 22, 1945. The sum of $19,100 was deposited in the registry of this court on July 16, 1945.
No controversy arises concerning the adequacy of the award for practically all of the interested parties have indicated by stipulation or letter that the sum mentioned above was satisfactory.
It is conceded that the record title to the premises is held as follows: Eda J. Heaton, undivided one-third interest; Ethel C. McGuirk, Florence Sablosky and Sadie Sablosky, each holds an undivided one-ninth interest; Genevieve Adelaide Bennett, William Collins French, Jr., Theodore Tilden French, Caroline Elizabeth French (now Bowen), Florence Howard French (now Loveland), and Woodrow Wilson French are each entitled to an undivided one-eighteenth interest under the last will and testament of William C. French.
On July 27, 1945, the City of Camden filed a second petition reiterating that it was the holder of two tax certificates of tax sales covering the premises in question, both of which were duly recorded. It also set forth a statement of taxes due to it totalling in the aggregate the sum of $75,028.93 to June 30, 1945. Upon this petition an order was made directing that cause be shown why the sum of money deposited in the registry of the court should not be paid to the City of Camden on account of its taxes. The order was made returnable September 14, 1945.
Meanwhile on July 19, 1945, notice was given by Eda J. Heaton, Estate of John J. McGuirk, Abe Sablosky and the Estate of William C. French and the heirs thereof that on September 28, 1945 they would apply to the court for an order granting to them as the owners of the land in question the fund on deposit in the registry of the court.
On September 10, 1945, the State of New Jersey filed a notice that on September 28, 1945, it, too, would apply for an order granting to it so much of the money as would be required to satisfy two judgments obtained by it in the New Jersey Supreme Court on August 13, 1943, and March 13, 1944, respectively, against John Heaton and the Estate of William C. French. It also claimed the fund on the ground of a purported attachment which it claims to have made upon the funds in the registry of the court upon any right, title or interest which Abe Sablosky or John S. McGuirk may be adjudged to have in the said moneys.
The argument on the order to show cause obtained by the City of Camden returnable September 14, 1945, was continued until September 28, 1945, so that all of the issues raised could be heard at the same time. On the latter date Emma L. Barclay appeared and asked leave to intervene as the executrix of Walter C. Barclay so that she could attach the fund in this court for any interest that Eda J. Heaton may have in it by virtue of a writ of attachment which had issued out of the New Jersey Supreme Court at her suit against Eda J. Heaton and John H. Heaton.
Thus we are confronted with four sets of claimants against the fund deposited here: (1) The claim of the City of Camden to the entire award because it took possession of the premises as the holder of two tax sale certificates; (2) the claims of Eda J. Heaton, the estate of John J. McGuirk, the estate of William C. French, and Abe Sablosky as the purported owners of the premises to the entire fund; (3) the claim of the State of New Jersey to $10,892.04 plus interest because of judgment liens it holds against John Heaton, dated August 13, 1943, and against the estate of William C. French, obtained on March 13, 1944, also because of an attachment it made upon whatever right, title or interest Abe Sablosky or the estate of John S. McGuirk might have in the award deposited in the registry; and (4) the claim of Emma L. Barclay as executrix under the last will and testament of Walter C. Barclay who seeks leave to attach the right, title or interest of what may be awarded to Eda J. Heaton.
If the contention of the City of Camden is sound it will resolve the major issue and likewise dispose of the entire fund in the registry.
The City of Camden was the purchaser and is the holder of two tax sale certificates duly recorded in the office of the Register of Deeds of Camden County for the premises the subject matter of this proceeding. Certificate No. 1537, dated August 14, 1930, covers the premises described as "Fourth St., N.E. Corner of Milton St., River Front 495 × 192.7 feet, and recorded in the Office of the Register of Deeds of Camden County in Book 363 of Mortgages, Page 184 &c," for the non-payment of taxes for the years 1926 to 1929, inclusive. Certificate No. 4239, dated October 3, 1934, covers the premises described as "North East Corner Third and Milton Streets, 475 × 329 feet, and recorded in the Office of the Register of Deeds of Camden County in Book 410 of Mortgages, Page 58," for the non-payment of taxes for the years 1932 and inclusive of the first half of 1934. The amount due on these two tax certificates, together with subsequent taxes and interest computed to June 30, 1945, totals $75,028.93. The facts concerning the claim of the City of Camden for taxes are not disputed.
The New Jersey Legislature, by its Act of 1942, as amended in 1943, L. 1942, c. 54, p. 292, § 1, as amended L. 1943, c. 144, p. 393, § 1, N.J.S.A. 54:5-53.1, provided, among other things, that whenever a municipality had become the purchaser of any lands at a tax sale, the certificate of which had been recorded, it was entitled to...
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City Of Asbury Park v. Ehrlich
...to evict tenants of the owner. The only case which I have been able to find, construing this statute, is that of United States v. 7.41 Acres of Land, etc., D.C., 63 F.Supp. 43. Judge Forman at page 46 held: ‘The possession contemplated under N.J.S.A. 54:5-53.1 is a constructive one, as cont......