Joachim v. Belfus

The history of this litigation is written in 107 N.J. Eq. 240 and 108 N.J. Eq. 199. Now it turns out that the deeds purporting to release the easement, over which there has been so much fuss, were unnecessary; that the easement is not and was not an encumbrance at the making of the contract, and was not a valid objection to the title at the final hearing, although both parties assumed that it was an encumbrance and that it had been released. Upon the motion to be relieved, upon the assumption that the easement was an encumbrance and upon a finding that it had not been released, it was ruled…