Legal Opinion

Foulke v. Bond

Supreme Court of New Jersey

Decided November 15, 1879PublishedCited by 18 opinions

On error to the Supreme Court. The controversy in this case relates to the equal undivided one-half part of a tract of land in the county of Ocean. The premises in dispute are part of a tract of four hundred and twenty acres, situate in the counties of Ocean and Burlington, and called in the pleadings and evidence as lot number seventeen. The tract of four hundred and twenty acres was once owned by Charles T. Lott and Joshua S. Earl as tenants in common.

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On error to the Supreme Court. The controversy in this case relates to the equal undivided one-half part of a tract of land in the county of Ocean. The premises in dispute are part of a tract of four hundred and twenty acres, situate in the counties of Ocean and Burlington, and called in the pleadings and evidence as lot number seventeen. The tract of four hundred and twenty acres was once owned by Charles T. Lott and Joshua S. Earl as tenants in common. In 1876 the executors of Lott conveyed his undivided one-half part to the plaintiff. Joshua S. Earl died in 1831. By his last will he…

1Opinion of the Court

The opinion of the court was delivered by

Depue, J.

At the trial, sixteen requests to charge were submitted by the plaintiff in error. Exceptions were taken to the refusal to charge in compliance with such requests, and three exceptions were taken specially to the charge as delivered. It will not be necessary to examine the exceptions in detail. They can be disposed of by considering a few propositions, which will embrace all the questions put on the record by the bill of exceptions.

The parties were in fact tenants in common. The defendant entered under deeds of conveyance for the entire estate…

2Cases cited8 opinions

  1. Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
  2. Jackson Ex Dem. Bradstreet v. HuntingtonSupreme Court of the United States · 1831
  3. Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
  4. Lessee of Clymer v. DawkinsSupreme Court of the United States · 1845
  5. Prescott v. NeversU.S. Circuit Court for the District of Maine · 1827

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Simpson v. MansonIllinois Supreme Court · 1931
  2. Devins v. Borough of BogotaSupreme Court of New Jersey · 1991
  3. Sparks v. ByrdSupreme Court of Alabama · 1990
  4. Patton v. North Jersey District Water Supply CommissionSupreme Court of New Jersey · 1983
  5. Hyland v. KirkmanNew Jersey Superior Court Appellate Division · 1985

13 more not listed; retrieve them via the Exa API.

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