The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-07-05
JERSEY CITY LOSES
INJUNCTION AGAINST AU-
THORITlES CONTINUED.
Enjoined from Interfering With Erec-
ton of Twelve Houses on Duncan
Terrace Until Final Hearing.

Vice-Chancellor Howell today continued
until final hearing the preliminary injunc-
ton granted last month restraining the po-
lice of Jersey City, Mayor Pagan and the
Board of Aldermen OF that city from inter
fering with the erection of twelve houses
on what Is called Duncan terrace, lying
west of West Side avenue, and a part of
which has been taken by the Hudson
County Park Commissioners for park pur-
poses. The matter was before the court
on the application of Elmer A. Darling, of
New York city. j. Merritt Lane appeared
for Jersey City. Henry v. Condict for the
complainant, MI. Darling, and John R
Hardin for the Lawyers Title GUARANTEES
Company.
Mr.. Lane made a strong plea to have the
Injunction discontinued prior to final hear
ing. He commended that two Of the houses
being erected on the property are on the
lines of public streets and that maps of
dedication could be produced In court
showing these street lines.
The court in the decision said that II
the statement of counsel was accurate the
responsible officers of the city much have
been negligent of their duty in not having
put the evidence OF such dedication before
the court when Mr.. Darling on February
3, 1906, brought suit against Jersey City
to acquire title and obtained a decree on
the appears of the defendant NUM-
cipality.
Mr.. Lane explained thai the decree re-
ferred to had been taken at the time OF
City Counsel Robert Carey's illness, but
the court held that to be no excuse.
This Injunction should remain unit
final hearing said the court, for two
good reasons. First, because the city Of
Jersey City never had any right or title
to this land. If it had a claim by RICH
Of condemnation 1t failed to set it fortf
when suit to quiet title was started fol
the express purpose by this complainant tt
ascertain whether or not street dedication
had been made; secondly, because the de
cree in that suit is not appealable at this
time"
The papers in the case show that thu
land in dispute Is part of the land known
as Duncan's terrace, comprising a tract o
more than eighteen acres, part of which
has been taken by the Hudson County
Park Commission Mr.. Darling, the com
plainant, purchased the seven tracts form
ing the property of Charles 7. Harvey
July 10, 1889. He first learned that thu
city was to claim title for streets purpose:
on June l, 1905, when he tried to sell {
part of 1t to Thomas Hill, the latter
learning from people living in the vicinity
of the tract that streets were to be Gu
across the very plot of land he had
selected. Because OF this report Mr.. Oar
ling began suit to quiet title, getting his
decree, as stated.
May 20 last the American Homes Com
pany, to whom he had transferred tl'
property for exploitation purposes. began
the erection of twelve houses facing or
Duncan avenue, but were stopped by the
police, who threatened to arrest Daniel j
Dow, the company's superintendent, If ht
did not call off his workmen. The preseni
suit for injunction followed, the court
granting the rule and restraining order
June Z last.