New Jersey Equity Reports Volume 49

New Jersey Equity Reports Volume 49

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ...In estimating the character and extent of his possession, it must always he kept in view that possession of the foreshore, in its natural state, can never he, in the strict sense of the term, exclusive. The proprietor cannot exclude the public from it at any time, and it is practically impossible to prevent occasional encroachments on his right, because the cost of preventive measures would be altogether disproportionable to the value of the subject." These remarks, though relating to title by prescription to the foreshore, which is Crown property, apply with equal force to waste land lying between the upland and the waters of the ocean, which is covered by sedge grass and at times overflowed by tides, making cultivation and enclosure by fences impracticable. In the present case, it appears clearly by the evidence that the ownezs of the Vaddell title exercised acts of ownership and dominion continuously over the sedge meadows and beach down to the water's edge, of.such a nature and character as the condition and situation of the premises permitted and so far as was practicable. The evidence touching their possession was such as was held by this court in Foulke v. Bond, 12 Vr. 527, to be competent evideuce of an adverse possession. The proof on this subject is plenary, and I agree with the vice-chancellor that the evidence is most conclusive of an actual, open, continued and hostile possession, under the Waddell title, of the strip of land in controversy for more than three-quarters of a century. To the second of the parcels in controversy, that lying south of West pond, the defendant's claim of title depends upon the location of two prior snrveys--the one to Brinley, made December 2d, 1861, for one hundred more

Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • United States
  • English
  • black & white illustrations
  • 1236935705
  • 9781236935700