State v. Ford & Baldwin

Decided April 15, 1791

Supreme Court of New Jersey · decided 1791-04-15

1. For what causes court will quash an order of surveyors. 2. There must he notice to landlord and tenant. 3. A line of twenty-five years not to he disturbed, 4. Surveyors to go by the possession — not to alter a line on pretence of title.

Decided 1791-04-15

¶1The court quashed the order—

¶21st. Because the line was run without giving any notice to Ogden, and only four days to Minn, the tenant.

¶3[54] 2d. Because the surveyors altered a line fence acquiesced in for twenty-five years.

¶43d. It was proved that, as the lands became improved, a fence had always been erected according to the old line.

¶54th. Under pretence of settling a line fence, the surveyors have tried a title.

¶6Cited in Miller v. Barnet, 2 South. 550.