Legal Opinion · Dissent

Demarest v. Den ex dem. Hopper

Supreme Court of New Jersey

Decided January 15, 1850Published

This was an action of ejectment brought in the Supreme Court by John Den, on the demise of Maria Louisa Hopper, Eliza Ann Hopper, Charity Euphemia Hopper, Henry Lewis Hopper, Catharine Jane Hopper, Emily Hopper, Lewis Hopper, John Bush, and Peter P. Wortendike and Baohael his wife, against Garret J. Demarest, Daniel D. Blauvelt, James Holdrum, and Henry A. Terhune, in trespass and ejectment for lands in Bergen county.

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This was an action of ejectment brought in the Supreme Court by John Den, on the demise of Maria Louisa Hopper, Eliza Ann Hopper, Charity Euphemia Hopper, Henry Lewis Hopper, Catharine Jane Hopper, Emily Hopper, Lewis Hopper, John Bush, and Peter P. Wortendike and Baohael his wife, against Garret J. Demarest, Daniel D. Blauvelt, James Holdrum, and Henry A. Terhune, in trespass and ejectment for lands in Bergen county. It was tried before the Chief Justice at the Bergen Circuit, in February, 1847, when a special verdict was found under the direction of the court. John Bush and Baohael the wife…

1Dissent

Carpenter, J.,

(d'issen'tmg). Johannes- Ferry, who died m the year 1832, by his- last will devised as follows: “ I give unto roy daughter Catharine, for aiad during her life, the remainder of my estate; after her death, I will and require the same shall be equally divided among her heirs, and be unto-them, their heirs and assigns, for ever/’’ Catharine Salyer, the daughter, at the time of her decease, in Í845, left three children, found by the special verdict to be her lawful heirs. The lessors of the plaintiff, the children and grandchildren of Catharine, claim under this devise. The…

2Cases cited3 opinions

  1. Livesley v. O'BrienWashington Supreme Court · 1892
  2. Lessee of Baughman v. BaugmanSupreme Court of Pennsylvania · 1798
  3. Sinclair v. ComstockMichigan Court of Chancery · 1841

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