Burnet v. Crane
Supreme Court of New Jersey
On error to the Union Circuit Court. Action of ejectment to recover possession of a triangular piece of land in the city of Elizabeth, which lies between the-southerly side of Westfield avenue and the former centre line of Golden street.
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On error to the Union Circuit Court. Action of ejectment to recover possession of a triangular piece of land in the city of Elizabeth, which lies between the-southerly side of Westfield avenue and the former centre line of Golden street. Before the opening of Westfield avenue and the vacation! of Golden street, as hereinafter stated, the defendant in error' was indisputably the owner of the land at the loeus in quo,.. north of the centre line of Golden street, and the plaintiff in-error was the owner of the land south of that center line.Ia 1869 and 1870 Westfield avenue was laid out and…
1Opinion of the Court
The opinion of the court was delivered by
The Chancellor.
The existence of the easement claimed by the plaintiff in error will not justify the exclusive possession which she has taken of the land. Such possession is not necessary to or authorized by a mere right of way, and is inconsistent with the right of the defendant in error, which the present action is brought to vindicate. A clear and generally-accepted exposition of the law here applicable is found in the language of Mr. Justice Bigelow, in Morgan v. Moore, 3 Gray 319, 322: “It is no answer to this action [action by writ of entry] that…
2Cases cited3 opinions
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Reformed Church v. . SchoolcraftNew York Court of Appeals · 1875
- Warwick v. MayoSupreme Court of Virginia · 1860
3Cited by8 opinions
- Florida Power Corporation v. McNeelyDistrict Court of Appeal of Florida · 1960
- Canda Realty Co. v. CarteretNew Jersey Court of Chancery · 1945
- Jacobson v. HaydaySupreme Court of New Jersey · 1912
- Ocean Grove Camp Meeting Ass'n of the Methodist Episcopal Church v. BerthallSupreme Court of New Jersey · 1899
- Delaware, Lackawanna & Western Railroad v. BreckenridgeNew Jersey Court of Chancery · 1896
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