Jarman v. Freeman
New Jersey Court of Chancery
On bill for injunction. Hearing on return of order to show cause for preliminary injunction. Tbe bill is filed to restrain defendant from making rise of a certain alley for purposes of travel to and from defendant’s land. The alley which complainant seeks to protect from use by d¿fendant came into existence in the following manner: In the year 1898 one Kelly owned a lot of land at the southwest corner of Atlantic and New York avenues, Atlantic City.
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On bill for injunction. Hearing on return of order to show cause for preliminary injunction. Tbe bill is filed to restrain defendant from making rise of a certain alley for purposes of travel to and from defendant’s land. The alley which complainant seeks to protect from use by d¿fendant came into existence in the following manner: In the year 1898 one Kelly owned a lot of land at the southwest corner of Atlantic and New York avenues, Atlantic City. The lot was rectangular in form and extended one hundred feet along Atlantic avenue and one hundred and fifty feet along New York avenue. In the…
1Opinion of the Court
Leaming, V. C.
From the above statement of facts it will be observed that the deed from Kelly to complainant’s devisor was operative to create an easement of way and drainage appurtenant to the land conveyed. The terms of the grant sufficiently define the character, extent and purpose of the easement; these terms unmistakably disclose that it was intended as a private way for travel and 'drainage for the benefit of the land laterally adjacent to the alley, with the burden of maintenance equally imposed upon the owners of the lands on either side of the way. The grantor retained the fee of the…
2Cases cited6 opinions
- Herman v. . RobertsNew York Court of Appeals · 1890
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Greene v. CannyMassachusetts Supreme Judicial Court · 1884
- Albert v. ThomasCourt of Appeals of Maryland · 1890
- Hoosier Stone Co. v. MalottIndiana Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wambeck v. LovetriSupreme Court of Connecticut · 1954
- Reiver v. VoshellCourt of Chancery of Delaware · 1932
- National Silk Dyeing Co. v. GrobartNew Jersey Court of Chancery · 1934
- Weiland v. TurkelsonNew Jersey Superior Court Appellate Division · 1955
- Hackendorn v. MahanCourt of Chancery of Delaware · 1939
2 more not listed; retrieve them via the Exa API.