¶1The plaintiff is entitled to costs. The defendant set up a right to overflow this land; and to prove it produced a succession of deeds, including all the lands which the waters drowned by a dam of a certain height. Under these deeds he claimed title to overflow as he had done; and it became a question whether he had overflowed according to the deeds or beyond them; the latter appearing to the jury to be the truth, they rendered a verdict against him. The title then was actually brought in question by the defendant. Though in this action title does not necessarily come in question, yet it may, by evidence of title given by the defendant under the general issue; and when it does, the fact may be ascertained by the oral or written certificate of the judge. Rev. Laws 666, sec. 1,-relates to the action of trespass only.
12 N.J.L. 175
Hunt v. Morris
Decided February 15, 1831
Supreme Court of New Jersey · decided 1831-02-15
This was an action of trespass on the case. The declaration sets forth in substance— 1st. .That the plaintiff, Hunt, was possessed of. a tract of land in Middlesex county, containing ten acres, adjoining a certain creek there flowing and accustomed to flow, and that the defendant intending to injure him, and to deprive him of the use and profits of the land, and to put him to great charge, whilst he was possessed thereof, the defendant wrongfully kept, continued and…
Decided 1831-02-15