Imperial Realty Co. v. West Jersey & Seashore Railroad

Leaming, V. C.

It is well settled that when the fundamental right on which a complainant prays equitable relief is the legal title to an easement in lands of a defendant, and that right is in substantial dispute, the establishment of the right at law is necessary to justify a court of equity in granting the relief sought. Todd v. *111Staats, 60 N. J. Eq. (15 Dick.) 507. But where the legal right, though formally disputed, is yet clear on facts which are not denied and legal rules which are well settled, such relief may be granted. Hart v. Leonard, 42 N. J. Eq. (15 Stew.) 416. In the present case…