Stockton v. Mayor of Newark
New Jersey Court of Chancery
The title to certain lands in the city of Newark is vested in the city, if vested at all, merely in trust for and subject to use as a burial-ground forever. —Eeld, that such use is perpetual, and that the city authorities cannot, under ■ statutory authority, destroy it, and devote the lands to other purposes, for the ■original use is not subject to legislative revocation, and therefore the statute authorizing such destruction of the use is unconstitutional.
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The title to certain lands in the city of Newark is vested in the city, if vested at all, merely in trust for and subject to use as a burial-ground forever. —Eeld, that such use is perpetual, and that the city authorities cannot, under ■ statutory authority, destroy it, and devote the lands to other purposes, for the ■original use is not subject to legislative revocation, and therefore the statute authorizing such destruction of the use is unconstitutional. Bill for injunction. On order to show cause upon bill and •.answer.
1Opinion of the Court
The Chancellor.
This suit is brought by the attorney-general, by information, at the relation of Henry Congar and others, and by the relators, as complainants, against the mayor and common council of the city of Newark, to establish a trust in certain land in Newark, known as “ the old burying-ground,” and to restrain the defendants from removing from that land the remains of persons buried there, and to compel the defendants to keep and maintain the ground in decent and proper order, so as to protect the remains and memorials therein from desecration. The bill states that the relators and…
2Cases cited11 opinions
- Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
- Close v. Glenwood CemeterySupreme Court of the United States · 1883
- Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871
- Town of Montpelier v. Town of East MontpelierSupreme Court of Vermont · 1856
- Supreme Council of Royal Arcanum v. BrashearsCourt of Appeals of Maryland · 1899
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3Cited by2 opinions
- Woodstown National Bank, C., Co. v. SnelbakerNew Jersey Court of Chancery · 1944
- Parker v. Fidelity Union Trust CompanyNew Jersey Superior Court Appellate Division · 1944