Jackson v. Perrine
Supreme Court of New Jersey
Henry Bennet, being the owner of a parcel of land, containing about ten acres, in the county of Monmouth, on the northerly side of the road to Middletown Point, adjoining, on the northeasterly side, lands of Daniel Conover, in 1858 laid it out into twenty-four town lots, and opened through it three streets, one of which was called Henry street. This latter street was parallel, or nearly so, with his line with Conover.
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Henry Bennet, being the owner of a parcel of land, containing about ten acres, in the county of Monmouth, on the northerly side of the road to Middletown Point, adjoining, on the northeasterly side, lands of Daniel Conover, in 1858 laid it out into twenty-four town lots, and opened through it three streets, one of which was called Henry street. This latter street was parallel, or nearly so, with his line with Conover. With two exceptions, the lots were laid out an uniform width of fifty feet front and rear, and Henry street was laid out forty-two feet in width. Fronting on the Middletown…
1Opinion of the CourtDepue, J.
The dispute arises out of a controversy in relation to the true location of the plaintiff’s lot. The beginning corner of this lot, as designated in the deed from Bennet to Cowart, under whom the plaintiff claims, is distant one hundred feet from a locust stump, which is the corner of Conover’s land, with the original Bennet tract. This stump was in existence when the cause was tried, and is described as being then from fifteen to seventeen inches over. Its identity and location were clearly established at the trial. •
The stump in 1850, when Pyle made the survey and map, was in the edge of,…
2Cases cited3 opinions
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
- Clark v. WetheyNew York Supreme Court · 1838
- Bruce v. EdwardsSupreme Court of Alabama · 1827
3Cited by5 opinions
- Chidester v. City of NewarkCourt of Appeals for the Third Circuit · 1947
- United States v. SandlassDistrict Court, D. New Jersey · 1940
- Hyland v. PonzioNew Jersey Superior Court Appellate Division · 1978
- Chidester v. City of NewarkDistrict Court, D. New Jersey · 1945
- Schroeder v. EngroffNew Jersey Superior Court Appellate Division · 1958