Sparks v. Ross
New Jersey Court of Chancery
On bill to quiet title. Motion for new trial on return of postea of feigned issue. Complainants filed a statutory bill to quiet title. At the preliminary hearing in this court complainants were found to be in peaceable possession of the land in question. Defendants demanded an issue at law for the trial of the controverted facts upon which title depended under the issues as framed, and a feigned issue was accordingly awarded by this court.
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On bill to quiet title. Motion for new trial on return of postea of feigned issue. Complainants filed a statutory bill to quiet title. At the preliminary hearing in this court complainants were found to be in peaceable possession of the land in question. Defendants demanded an issue at law for the trial of the controverted facts upon which title depended under the issues as framed, and a feigned issue was accordingly awarded by this court. At the trial before the law court a verdict was rendered in favor of complainants (defendants in the feigned issue) by direction of the trial court, and a…
1Opinion of the Court
Beaming, Y. C.
I have reached the conclusion that the learned trial judge erred in instructing a verdict at the trial of the feigned issue in this cause. There can be no doubt of the right and propriety of a binding instruction in the trial of a feigned issue where the evidence justifies the instruction given, but the evidence must be such that a verdict contrary to the instruction could not stand. The evidence against which the peremptory instruction was given disclosed a ceremonial marriage followed by a cohabitation of the parties as man and wife for over fifteen years, and then terminated…
2Cases cited1 opinion
- People v. EtterMichigan Supreme Court · 1890
3Cited by14 opinions
- Newburgh v. ArrigoSupreme Court of New Jersey · 1982
- Heuer v. HeuerSupreme Court of New Jersey · 1998
- Keller v. LinsenmyerNew Jersey Court of Chancery · 1927
- Welch v. All PersonsMontana Supreme Court · 1927
- Minter v. Bendix Aviation Corp.New Jersey Superior Court Appellate Division · 1953
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