Bell v. Gough
Supreme Court of New Jersey
This was an action of trespass, brought in the Supreme Court by Edward Gough (a tenant of John B. Coles and others) against Mary Bell, for a trespass in breaking the close of the plaintiff, and cutting and carrying away the grass, &c., there growing. The plea of the defendant was liberum tenementum, and the only question was the title to the loe,us in quo.
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This was an action of trespass, brought in the Supreme Court by Edward Gough (a tenant of John B. Coles and others) against Mary Bell, for a trespass in breaking the close of the plaintiff, and cutting and carrying away the grass, &c., there growing. The plea of the defendant was liberum tenementum, and the only question was the title to the loe,us in quo. Upon the trial at the Circuit, a verdict pro forma was found for the plaintiff upon the issue of title, subject to the opinion of the Supreme Court upon a state of the case agreed upon by counsel, with leave to turn the state of the case…
1Opinion of the CourtElmeb, J.
It is admitted, on all hands, that the defendant in this court, who was the plaintiff in the Supreme Court, was at the time of the trespass complained of the owner of the property above the high water mark of the Hudson river, and abutting thereon; and it is also admitted, that if the said defendant, by reason of such ownership, or of his having appropriated the shore to himself by wharfing out, or by raising the land above the flow of the tide, previous to the passing of the act of the legislature of the 8th of November, 1836, had a title to the place where the alleged trespass was…
2Cases cited8 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Pearsall v. PostNew York Supreme Court · 1838
- Ball v. SlackSupreme Court of Pennsylvania · 1837
- Chess v. ManownSupreme Court of Pennsylvania · 1834
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3Cited by11 opinions
- Matthews v. Bay Head Improvement Ass'nSupreme Court of New Jersey · 1984
- Schultz v. WilsonNew Jersey Superior Court Appellate Division · 1957
- River Development Corp. v. Liberty Corp.New Jersey Superior Court Appellate Division · 1958
- River Development Corp. v. Liberty Corp.New Jersey Superior Court Appellate Division · 1957
- Leonard v. State Highway Dept. of NJNew Jersey Superior Court Appellate Division · 1954
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