Boon v. Kent
New Jersey Court of Chancery
The description of a mortgage of land lying on a navigable river and creek, began in the middle of the creek, and ran, among other courses, along the sand beach of the river, covering a specified number of acres, and concluding, “ With all the land attached and appertaining thereto, known as sand beach and guard, down to low-water mark,” in the river and creek.
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The description of a mortgage of land lying on a navigable river and creek, began in the middle of the creek, and ran, among other courses, along the sand beach of the river, covering a specified number of acres, and concluding, “ With all the land attached and appertaining thereto, known as sand beach and guard, down to low-water mark,” in the river and creek. The mortgagor conveyed the premises the same day the mortgage was given, by the same description, to one D., to whom the riparian commissioners of the state shortly afterward conveyed two tracts in front of part of the premises, and…
1Opinion of the Court
The Chancellor.
This is a suit for foreclosure and sale of mortgaged premises in Salem county. The mortgage was given, December 26th, 1882, by J. Howard Subers to David A. Thompson, to secure part ($10,000) of the purchase-money ($18,000) of the property which was conveyed by Thompson to Subers by deed of that date. The premises are upon Delaware river, Salem cove and Salem creek, and are described in the deed of conveyance and mortgage as beginning at a corner in the middle of a creek, which corner is the corner of land of Clement Hall; thence running several courses along the line of that…
2Cases cited1 opinion
- Eagle Fire Co. v. LentNew York Court of Chancery · 1837
3Cited by2 opinions
- Greenwood v. RobbinsNew Jersey Court of Chancery · 1931
- Buzby v. RoseNew Jersey Court of Chancery · 1933