Folkman v. Myers

• Decision Date: 30 September 1921
• Docket Number: No. 17.,17.
• Citation: 115 A. 615
• Parties: FOLKMAN et al. v. MYERS et al.
• Court: New Jersey Supreme Court

115 A. 615

FOLKMAN et al.

v. MYERS et al.

No. 17.

Court of Errors and Appeals of New Jersey.

Sept. 30, 1921.

Appeal from Court of Chancery.

Bill to quiet title by Adolph Folkman and others against Daniel W. Myers and another. Decree for the named complainant, for less relief than demanded, and he appeals. Affirmed.

The following is the opinion of Learning, V. C., in the court below:

1. I think it clear that the deed of conveyance of August 1, 1877, from the Camden & Atlantic Land Company to Jacob H. Leedom, and the subsequent deed of conveyance of April 1, 1890, from Jacob H. Leedom to Charles R. Myers, for a part of the land embraced in the prior conveyance, vested in Myers the fee of a tract of land fronting 00 feet in width on the ocean, with its westerly boundary line 50 feet easterly from and parallel to the easterly line of Missouri avenue as that avenue existed in the year 1869. That westerly line of the Myers tract is accurately shown on the map marked "D 13" by a black line between small circles which are made to represent two adjacent rows of piling; the easterly boundary line of the Myers tract is parallel to the line referred to, and 50 feet easterly thereof, and is accurately shown on that map as the line of demarkation between the yellow and green colors. This location of the easterly line of Missouri avenue as it existed in the year 1877 is shown on the map referred to by a red dash line 5 feet easterly of the easterly line of that avenue as it exists at this time.

The facts upon which this conclusion is based are the following:

Prior to 1869 the Camden & Atlantic Land Company owned all the land between Missouri avenue and Arkansas avenue and Pacific avenue and the ocean. By deed dated August 27, 1869, and recorded in the clerk's office of Atlantic county, in Book 37 of Deeds, at page 97, that company conveyed to the Sea View Hotel Company a strip of land 50 feet in width adjacent to the easterly line of Missouri avenue, and extending from Pacific avenue to the ocean. The description of the land as contained in that deed began "at the southeast corner of Pacific and Missouri avenues," and ran thence easterly "along the southerly side of Pacific avenue 50 feet"; thence on a line "parallel with Missouri avenue" to the ocean; "thence on a westerly course along the ocean 50 feet to the easterly side of Missouri avenue; thence along the side of said avenue 440 feet, more or less, to the place of beginning."

By deed dated August 1, 1877, and recorded in Atlantic county clerk's office in Book 68 of Deeds, at page 212, the Camden & Atlantic Land Company conveyed to Jacob H. Leedom a strip of land 50 feet in width easterly of and adjacent to the land last above described, and extending southerly to the ocean. The land so conveyed is specifically described in that deed as 50 feet in width, and as adjacent to the line of the Sea View Hotel Company.

By deed dated September 20, 1877, and recorded in Atlantic county clerk's office in Book 69 of Deeds, at page 394, the Camden & Atlantic Land Company conveyed to David Doyle a strip of land 50 feet in width easterly of and adjacent to the land last described as having been conveyed to Leedom, and extending southerly to the ocean. The land so conveyed is specifically described in that deed as beginning "100 feet eastwardly from Missouri avenue," and running thence easterly parallel to Pacific avenue 50 feet, and thence southerly "on a line parallel with Missouri avenue" to the ocean, thence along the ocean "50 feet to the line of land now of Jacob H. Leedom; thence along said "Leedom's line 700 feet, more or less, to the place of beginning."

The testimony discloses that about the year 1884 the easterly line of Missouri avenue was moved westerly about 5 feet, and is now about that distance westerly of the point where it was at the time the three above conveyances by the Camden & Atlantic Land Company were made. It is in consequence now claimed by complainant that, in ascertaining the boundary lines between these three tracts, the respective 50-foot measurements must be taken with reference to the easterly line of Missouri avenue as that avenue is now located on the ground.

I am convinced that that contention cannot prevail. It does not appear that this change in the location of the easterly line of Missouri avenue was by either adequate legislative authority or judicial sanction, nor does it appear that the new location conformed more accurately than the old to its correct location as that location would have been ascertained from scientific data; but, even though its new location should be deemed to have been officially or authoritatively made, or should be deemed to be the accurate location as ascertained by scientific data, that ascertainment or change would not have the effect of disturbing the boundary lines between the three tracts. The first conveyance can only be understood as having been made with reference to Missouri avenue as it then existed on the ground; it accordingly conveyed to a point 50 feet easterly therefrom; the second conveyance tied to the westerly line of the first as its beginning point; the third tied both to the second conveyance and to Missouri avenue to define its location. The obvious intention and purpose of the three conveyances was to convey 150 feet easterly from a defined point, and that defined point was the easterly side of Missouri avenue as that avenue then existed on the ground. Even the subsequent ascertainment of error in the location of that avenue could not change the location of the land actually sold by the vendor and purchased by the vendees, providing the...