Fountain v. City of Perth Amboy

*411The opinion of the court was delivered by

Gummere, J.

This is an action for trespass brought by the plaintiffs against the city of Perth Amboy for wrongfully entering upon the plaintiffs’ lands and subverting and carrying away the soil thereof.

The plaintiffs and defendant are owners of adjoining tracts of land, each of which, in the year 1850, belonged to one Clarkson Brown. In the year mentioned Brown sold the tract now owned by the defendant to one Hensel, through whom the defendant claims. The deed to Hensel conveyed 'e< all that certain mill-seat and farm situate,” &e., “ and also all the…