Borough of Belmar v. Barnett

The opinion of the court was delivered by

BERGEN, J.

This is an action of ejectment brought by the borough of Belmar to recover possession of land which it alleged had been dedicated to public use, and, in its declaration, demanded possession, with an averment of the date when its right to the possession accrued. The defendant filed a plea of not guilty, which, by section 13 (Gen. Stat., p. 1284), is an admission that the defendant was in possession, or claimed title thereto, at the time of the commencement of the action.

At the close of the plaintiff’s case a motion for nonsuit was refused, to…