Havens v. Seashore Land Co.
New Jersey Court of Chancery
Heard on bill, answer and cross-bill and proofs. This cause was originally heard by the late "Vice-Chancellor "Van Fleet on final hearing, and an opinion was filed by him directing the character of decree to be entered.
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Heard on bill, answer and cross-bill and proofs. This cause was originally heard by the late "Vice-Chancellor "Van Fleet on final hearing, and an opinion was filed by him directing the character of decree to be entered. The bill was filed for the partition of two tracts of land known as lots Nos. 4 and 5, in survey No. 6, on a partition map of “ Manasquan Beach,” in Monmouth county (now Ocean), made in partition proceedings taken in the year 1801, in the Monmouth county court of common pleas. In the bill, which was filed October 7th, 1887, the then complainants claimed to be the owners of the…
1Opinion of the Court
Emery, V. C.
(after stating the facts).
The complicated questions of practice which arise in the case are due, manifestly, to the irregularity of both parties to the suit in proceeding with the cause without an order of revivor after notice, in September, 1889, of the death of John C. Havens and to the failure of both parties to call the attention of the vice-chancellor to the defect of parties before the submission of the cause. The revival of a suit which is either abated or made defective by the death of a party interested, is not a new suit, but is still the same suit, in which both parties…
2Cited by1 opinion
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