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PASQUALE ENGLESE ET AL., PLAINTIFFS-RESPONDENTS, v. FRED T. HYDE,DEFENDANT-APPELLANT.

A judgment was docketed against "Virginia Gazella Paralla" and "John Paralla," and indexed under those names. Subsequently, lands were conveyed to "Rocco Parrella and Edith Virginia Gazella, his wife," the identity of the judgment debtors and the grantees being admitted, and later the grantees conveyed these lands to respondent. Appellant attempted to sell the lands under an execution issued upon the docketed judgment and respondent sought, and obtained, a declaratory judgment that the docketed judgment was not a lien upon his lands. Held, that there is no similarity between the names of Rocco and John, nor between Edith and Virginia, and that the law will disregard middle names in this connection, therefore respondent had no constructive notice of the entry of the docketed judgment.

PER CURIAM.

The judgment under review will be affirmed, for the reasons expressed in the opinion of Judge Mackay, above set out.

For affirmance — THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, PARKER, LLOYD, BODINE, DONGES, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 13.

For reversal — CASE, HEHER, JJ. 2.

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ENGLESE v. HYDE
(May 15, 1933)