Hart v. Leonard
Supreme Court of New Jersey
A substantial dispute over a private legal right in land is not ordinarily cognizable in a court of equity. The special circumstances which will justify a court of equity in protecting and enforcing such rights enumerated. On appeal from a decree advised by Vice-Chancellor Bird, who filed the following conclusions: This bill is filed to obtain an injunction against the defendant, restraining him from obstructing an alleged private way over his lands.
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A substantial dispute over a private legal right in land is not ordinarily cognizable in a court of equity. The special circumstances which will justify a court of equity in protecting and enforcing such rights enumerated. On appeal from a decree advised by Vice-Chancellor Bird, who filed the following conclusions: This bill is filed to obtain an injunction against the defendant, restraining him from obstructing an alleged private way over his lands. The complainant claims that he and his grantors have used the said way for over twenty years adversely to the defendant and those under whom he…
1Opinion of the Court
The opinion of the court was delivered by
DixoN, J.
The bill in this case avers that the complainant is the owner of a wood and pasture lot containing three and thirty-seven hundredths acres of land, and that he and his predecessors in title have, by adverse user for .over twenty years, acquired a right ofway across the lands of the defendant from a certain public road to said lot; that the defendant now obstructs said way; and the bill therefore prays a decree that the complainant is entitled to the way, and a mandatory injunction, commanding the defendant to remove the obstruction, and allow…
2Cases cited2 opinions
- Povey v. ReadyNew Jersey Court of Chancery · 1917
- Franklin Banks v. SimpkinsNew Jersey Court of Chancery · 1917
3Cited by18 opinions
- Lidgerwood Estates v. Public Service, C., Co.New Jersey Court of Chancery · 1933
- Rayhertz, C., Corp. v. Fulton, C., Co.New Jersey Court of Chancery · 1938
- Caparell v. GoodbodyNew Jersey Court of Chancery · 1942
- Provident Mutual Life Ins. Co. v. DoughtyNew Jersey Court of Chancery · 1939
- Scott v. ScottNew Jersey Court of Chancery · 1933
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