Sumner v. Seaton
New Jersey Court of Chancery
Bill for injunction. On final hearing on pleadings and proofs. The bill prays for a perpetual injunction against the defendant to restrain him from further prosecuting an action of ejectment brought by him in a court of law against the complainant, in which a finding against complainant had been made by the judge sitting without a jury. After the filing of the bill judgment final was entered on the'judge’s finding, and the cause proceeded on that basis.
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Bill for injunction. On final hearing on pleadings and proofs. The bill prays for a perpetual injunction against the defendant to restrain him from further prosecuting an action of ejectment brought by him in a court of law against the complainant, in which a finding against complainant had been made by the judge sitting without a jury. After the filing of the bill judgment final was entered on the'judge’s finding, and the cause proceeded on that basis. The dispute is over a small strip of land adjoining the street and immediately in front of complainant’s dwelling, on the south side of…
1Opinion of the Court
Pitney, V. C.
Complainant rested her right to relief on three grounds — -first, 'that the effect of the proceedings to change the location of the street was to vest in her the absolute legal title to the strip in question; second, that if the effect was not to change the title at law it did in equity, and, third, that the defendant is estopped by •his silence and acquiescence, while complainant was making her improvements, from setting up his title as against her.
As to the first point. Should the complainant satisfy the court •that it is well taken, the result would be simply to oust the…
2Cases cited16 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Ross v. ThompsonIndiana Supreme Court · 1881
- Storrs v. BarkerNew York Court of Chancery · 1822
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jackson Trust Co. v. GilkinsonNew Jersey Court of Chancery · 1929
- Bankers Trust Co. v. MaxsonNew Jersey Court of Chancery · 1926
- Nystrom v. PennycookNew Jersey Superior Court Appellate Division · 1954
- Falcon B. L. Assn. v. SchwartzNew Jersey Court of Chancery · 1936
- Knox v. KaelberNew Jersey Court of Chancery · 1946
1 more not listed; retrieve them via the Exa API.