Hopper v. Herring
Supreme Court of New Jersey
On error to Bergen County Circuit Court. This action is on contract to recover the value of twenty-four loads of sand which the defendant removed from the land of the plaintiff. The case was tried before the court without a jury. The facts are to be gathered from the pleadings and the stipulations of counsel.
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On error to Bergen County Circuit Court. This action is on contract to recover the value of twenty-four loads of sand which the defendant removed from the land of the plaintiff. The case was tried before the court without a jury. The facts are to be gathered from the pleadings and the stipulations of counsel. From these it appears that one John Jacobus Demorest and one Abraham Jacobus Demorest, soon after the death of one Jacobus Demorest about the year 1800, became owners as tenants in common of a farm of one hundred and sixty-five acres. On June 10th, 1807, these owners partitioned the said…
1Opinion of the Court
*214The opinion of the court was delivered by
Reed, J.
The privilege and liberty granted in the deed from John J. Demorest to Abraham J. Demorest was a grant of a right of profit a prendre, namely, a right to take a part of the soil or produce of the land, such as sand, clay, grass, trees and the like, in which there is a supposable value. Godd. Easem. 7; 14 Cyc. L. & Pro. 1142e; 2 Washb. Real Prop. 276; Blewett v. Tregonning, 3 Ad. & E. 554-575.
While, by the weight of authority, a right of this character may exist in gross — that is, unattached to any dominant estate — the existence of the right…
2Cases cited4 opinions
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Pierce v. . KeatorNew York Court of Appeals · 1877
- Huntington v. . AsherNew York Court of Appeals · 1884
- Grubb v. GuilfordSupreme Court of Pennsylvania · 1835
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- Ammendale Normal Institute, Inc. v. Schrom Construction, Inc.Court of Appeals of Maryland · 1972
- Moore v. SchultzNew Jersey Superior Court Appellate Division · 1952