McGrath v. Norcross
New Jersey Court of Chancery
On bill to quiet title, answer and proofs. This canse has been tried on an amended bill, which includes the substantial allegations of the original bill and the answer to} the original bill, which, it has been agreed, shall stand as the defendant’s answer to the amended bill also.
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On bill to quiet title, answer and proofs. This canse has been tried on an amended bill, which includes the substantial allegations of the original bill and the answer to} the original bill, which, it has been agreed, shall stand as the defendant’s answer to the amended bill also. The bill of complaint, as amended, recites a title in fee-simple, absolute in the complainant herself, to certain lands in Atlantic county described in the bill of complaint, which lands are therein alleged to be extensive, wild, wooded, unenclosed and unimproved, by reason whereof the complainant alleges she is not…
1Opinion of the Court
Gkey, Y. C.
It is the established practice of this court, where the answer denies the complainant's allegations that the statutory conditions exist, to try these matters here before sending the question of title to be tried in the law court. Powell v. Mayo, 24 N. J. Eq. (9 C. E. Gr.) 178; Beale v. Blalce, 45 N. J. Eq. (18 Stew.) 668; Oberon Land Co. v. Dunn, 56 N. J. Eq. (11 Dick.) 749.
This hearing is had solely to ascertain whether in this case these statutory conditions exist. The complainant alleges that they do exist, and the defendant denies it.
It will be noticed that the bill of…
2Cited by6 opinions
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- Girard Trust Co. v. McGeorgeNew Jersey Court of Chancery · 1940
- Hyland v. KirkmanNew Jersey Superior Court Appellate Division · 1985
- Robinson-Shore Development Co. v. GallagherNew Jersey Superior Court Appellate Division · 1956
- Masionis v. KraulikauckasNew Jersey Court of Chancery · 1928
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