Niestat v. Equitable Security Co.

This matter is before the court on an application to continue an interim restraint and on a motion to dismiss the bill. Complainant is the owner of a parcel of real estate on the southerly side of Jefferson Street in Passaic. He claims an easement of a right of way eight feet wide over the strip of land adjoining his on the westerly side. Defendants Lobsenz, who own or are interested in the property on the further side of the strip, and who acquired title to the strip through the tax sale hereinafter referred to, started to excavate the strip for the purpose of erecting a building thereon,…