The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1889-10-19
A BIG LAND SUIT DECIDED.
ITINVoLHEs THOUSANDS oFAcRES
OF SHORE FROM.

"
News from All Over the State-A Gate
Tender ON the West Jersey Railroad
Seriously Hurt While Saving Others
The Case of Charles III. King.
A case involving the ownership OF
several thousand acres of shore front
property in South Jersey, and in
which a number of South Jersey and
Philadelphia people are interested,
has just been decided finally by JUS
tice Bradley, of the United States
Supreme Court, and the opinion filed
in Trenton. The plaintiff in the case
is Rachel Ann Baeder, and defendant
Isaac s. Jennings.
Five acres of land at Eagleswood,
Ocean county, on Long Beach, which
was only a small portion of the i'm
mense tract, was in doubt. The
plaintiff set up two grounds OF title:-
First, by grant of the proprietors OF
East Jersey to Daniel Cox in 1901 and
the deduction of title to the plaintiff;
and second, by continuous possession
under claim of title for a long period
0A OAAl1O 4llO1O U1A01 IA - -
the defendant took possession.
The defendant claimed title under a
warrant for 10000 acres of land from
the proprietors of East Jersey to
Charles z. Noble, trustee for them
selves, issued in 1884, and a survey
dated March IS, 1886.
The result of the contest in the Cir
cult Court was a verdict for the plain
tiff; but a motion was made for q rule
to show cause why a new trial should
not be granted because of the charge
made by Judge Wales to the jury,
and this motion was argued before
Justice Bradley at Washington. The
present decision is on this motion.
After a very lengthy consideration of
the historical features in the case, and
the various links in the chain of the
title, which occupies about forty
pages Of legal cap, Justice Brady con-
cludes that, in his judgment, there
WIS legal possession of the property in
the plaintiff and those whose estates
she acquired under color of title for a
much longer period than twenty
years, and that the defendant has not
shown an adverse possession for q suf-
fcient period to overcome the prima
facie right of the plaintiff.
This conclusion is arrived at indie
pendently of any alleged defects in
the plaintiff, and therefore the rule to
show cause must be dissolved without
regard to those alleged defects. The
result is that the title is maintained
by the plaintiff to three undivided
fourths of the property in question,
no title except that of possession be-
ing shown for the outstanding fourth
part of John Chapman's interest in
the Long Beach property. The JUS
tice adds that If he is mistaken in re-
gard to the validity of the document
airy title the view taken in regard to
possessory title requires a decision
against the motion.
A Brave Camden Gate Fender.
Harry Griffin, gate tender on the
West Jersey Railroad at Walnut
street, Camden, was seriously injured
yesterday while endeavoring to pre-
vent a milk wagon from being struck
by a passing train. Mr.. Griffin is
sixty-five years of age, and was an
efficient policeman under Mayor Brad
shaw.
The wagon, belonging to w. H.
Davis, and driven by Albert Kimble,
was coming toward the track at a
rapid rate, when the gateman saw the
Cape May express about to pass the
crossing. He endeavored to drop the
gates and Kimble did not stop his
horse, but endeavored to increase it's
speed to get across the track. He went
under the gate nearest him as it was
being dropped, thus hemming the
wagon on the rails.
The gatekeeper tried to raise the
bars to let the wagon escape. The top
of the vehicle got caught on one of the
gate arms as it was being raised and
broke it off. A splinter from the gate
struck the gateman in the neck, cut
ting a deep and serious cash. He was
also thrown q distance of eight feet,
and in the fall fractured his skull on
the curbstone near where he was
standing. He was taken to his home,
No. 111S Broadway, in an insensible
condition. The driver and horse
escaped uninjured.
Fire in Harrison.
About one o'clock this morning fire
was discovered in the engine % of
the Newark Tan Bark Company,
whose extensive works are located on
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