Legal Opinion

Cornelius v. Giberson

Supreme Court of New Jersey

Decided June 15, 1855PublishedCited by 6 opinions

This cause was tried, before Justice Potts, in the Ocean County Circuit Court, in which the action was brought, and was removed into this court by writ of error. The action was trespass quare clausum fregit upon lands in Ocean county, and the plea was not guilty.

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This cause was tried, before Justice Potts, in the Ocean County Circuit Court, in which the action was brought, and was removed into this court by writ of error. The action was trespass quare clausum fregit upon lands in Ocean county, and the plea was not guilty. The plaintiffs in error, who were also plaintiffs below, deduced their title from the East Jersey proprietors, and the defendant deduced his from the proprietors of West Jersey, and one of the questions in the cause was, whether the lands constituting the locus in quo were on the east or west side of the partition line between East…

1Opinion of the Court

The Chief Justice

delivered the opinion of the court.

To an action of trespass for cutting and carrying away timber, the defendant pleaded not guilty. The controversy, on the trial, resolved itself into a question of title.

The land in controversy lies within the angle or gore formed by a line drawn from the south station point at Little Eggharbor to the north station point upon the river Delaware, at 41° 40' north latitude, as run by John Lawrence, in 1743, and a line drawn from the same south station point to the river Delaware, at the mouth of the Machackamac, the former being the line of…

2Cases cited8 opinions

  1. Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
  2. Stanley v. GadsbySupreme Court of the United States · 1836
  3. Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
  4. Wright v. GuierSupreme Court of Pennsylvania · 1840
  5. Proprietors of Kennebeck Purchase v. CallMassachusetts Supreme Judicial Court · 1805

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3Cited by6 opinions

  1. Predham v. HolfesterNew Jersey Superior Court Appellate Division · 1954
  2. Devins v. Borough of BogotaSupreme Court of New Jersey · 1991
  3. Mercer v. WaymanIllinois Supreme Court · 1956
  4. Wilomay Holding Co. v. Peninsula Land Co.New Jersey Superior Court Appellate Division · 1955
  5. Kiernan v. KaraNew Jersey Superior Court Appellate Division · 1950

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