Wilkinson v. Lyons
Supreme Court of New Jersey
On error. Ejectment for a small gore of land. The titles of the plaintiff and defendants are from the same grantor. The conveyance under which defendants -claim is the earlier. The boundary line between the two lots runs the same course and distance in both deeds. It runs from Midland avenue, Mont-, clair, to a point in the rear line of the lots, but no monument is there given nor was any shown to have been there.
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On error. Ejectment for a small gore of land. The titles of the plaintiff and defendants are from the same grantor. The conveyance under which defendants -claim is the earlier. The boundary line between the two lots runs the same course and distance in both deeds. It runs from Midland avenue, Mont-, clair, to a point in the rear line of the lots, but no monument is there given nor was any shown to have been there. From that point, the defendants’ rear line runs one hundred and sixty-three feet three inches, to Walnut street. The defendants claim that the disputed corner must be located at…
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
The claim of the plaintiff that the plea does not amount to a denial of plaintiff’s title is inadmissible.
The defendants defend for so much of the land claimed by plaintiff as is included in the description in the deed to defendants’ ancestor. If that deed conveyed the disputed gore, the plea defends therefor. The issue presented, in substance, is whether that deed in fact conveyed the disputed gore. An examination of the deed does not suffice to solve the question. So far as the mere language of the two deeds is concerned, both descriptions…
2Cases cited1 opinion
- Empire State Cattle Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1908
3Cited by1 opinion
- Beck v. BrownNew Jersey Superior Court Appellate Division · 1950