The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1914-12-08
Old Suit Settled.

A fter the complete argument had
been made in a suit instituted more |
than quarter of century ago, it took |
Vice Chancellor Backes just about three
minutes to make final disposition of the |
litigation, at Trenton, on Friday. In
a verbal opinion delivered from the |
bench in the Court of Chancery, the |
Vice Chancellor brought to an end one
the most remarkable litigations this |
state has known.
The suit involved an application to
quiet title for some land and very nearly |
every person who was connected with it |
at the beginning has since died. Con
gressman-elect r. Wayne Parker was
one of the original counsel in the case
as q member of the firm of CORTLAND |
and r. Wayne Parker. At that time |
he was young lawyer practicing with |
his father. Since then he has been |
elected to serve several terms in Con-
gress and has just been elected to serve
another.
The action was instituted October 81, |
1887, and the taking of testimony drag
ged along through many years.
Matilda Aumack and her husband. |
Elijah Aumack, of Toms River, filed |
bill in Chancery to quiet title to tract
of land consisting of 700 acres at Island |
Beach, the most southerly point below |
Sea Side Park. The suit was directed |
against George w. Dorrance, of Bristol; |
James M. Libbey, of New York, William |
Hathaway, of Long Branch; Charles
Maxson, Of Point Pleasant, and Charles !
Haight, of Freehold. Mr.. Haight was |
former prosecutor of Monmouth County |
and, while the Parkers appeared for the |
compliments, he represented thedefend- |
ants
OF those early Htigants, both of the |
Aumacks, Hathaway Maxson, Haight |
and CORTLAND Parker are now dead |
The testimony was taken before William |
Paterson and j. Holmes Birdsall, special |
masters. Both are dead. The matter |
then came before Chancellor Alexander |
Il. McGill, who referred it to Vice Chan |
cellor John t. Bird. Both of these |
jurists have since died. 1t was later re-
ferred to Vice Chancellor Martin p GRAY |
and he also is dead. During this time |
Vredenberg & Garretson appeared for |
some of the defendants and former Judge |
Garretson is now dead.
Because OF the many deaths, the litiga- |
ton has lasted all of these years in the |
courts. Some time ago the heirs of the |
principals applied to be substituted and !,
Chancellor Walker referred the case to
Vice Chancellor Backes for final hear
ing on the testimony taken before the
masters more than quarter OF CEN
fury ago. The argument for the COM
plainants was made by Mr.. Parker and |
former Judge Joseph H. Gaskill appear
ed for the defendants.
The Vice Chancellor was taking no
chances by delaying his decision and he
announced it Immediately. He said
that long delay had cast an unusual
burden upon the court. He also made
it plain that the question of juris-
diction whether or not it was matter for
court of law, rather than a court of
equity, would be cast aside at the request
of counsel of both sides, who wanted the
case decided either one way or the other
at once. On the merits the Vice Chan
cellor held that the contention of the
original complainant, Matilda Aumack,
that she was in peaceable possession of
the land involved in the controversy was
not sound. Therefore, the court found
against the compliments and dismissed
the bill to quiet title.