Shean v. Loening

Action for judgment declaring that plaintiff is entitled to beach rights as appurtenant to his purchase of lots conveyed as result of foreclosure of a mortgage and that defendant be restrained from interfering with such rights. Judgment for defendant reversed on the law and the facts, with costs, and judgment granted to plaintiff as prayed for in the complaint, with costs. The mortgage made specific and express reference to the development map on which the beach and the roads were delineated and as to which the lot owners, as distinguished from stockholders of the development, held easements…