Moore v. Ventnor Gardens, Inc.

• Decision Date: 18 March 1930
• Citation: 149 A. 536
• Parties: MOORE v. VENTNOR GARDENS, Inc., et al.
• Court: New Jersey Court of Chancery

149 A. 536

MOORE

v. VENTNOR GARDENS, Inc., et al.

Court of Chancery of New Jersey.

March 18, 1930.

Syllabus by the Court.

Suit by Florence J. Moore against Ventnor Gardens, Inc., and others, for strict foreclosure of mortgage.

Decree dismissing the bill advised.

Thompson & Hanstein, of Atlantic City, for complainant.

John D. McMullin, of Moorestown, for defendants Pope, Stokes, and Slape.

Herbert R. Voorhees, of Atlantic City, for defendant Atlantic County Trust Company.

Harvey F. Carr, of Camden, for defendant General Land & Investment Company.

Joseph B. Perskie, of Atlantic City, for defendant Grossman, receiver.

INGERSOLL, Vice Chancellor.

The complainant was the owner of a mortgage upon three tracts of land described as follows:

"All that certain lot, tract or parcel of land and premises situate, lying and being in the City of Ventnor City, County of Atlantic and State of New Jersey:

"Beginning at the northerly line of Monmouth Avenue, 52 feet east of the easterly line of Margate Park; thence (1) Eastwardly, along the northerly line of Monmouth Avenue, 25 feet; thence (2) Northwardly, parallel with Margate Park, 100 feet, more or less, to line of Inside Thoroughfare; thence (3) Westwardly, along line of Inside Thoroughfare, 25 feet to a point distant 52 feet east from the easterly line of Margate Park, measured at right angles thereto; thence (4) Southwardly, parallel with Margate Park, 100 feet, more or less, to northerly line of Monmouth Avenue and place of beginning.

"No. 2—Beginning at the northeast corner of Wyoming Avenue (formerly Margate Park) and Monmouth (formerly Mediterranean) Avenue, and extending thence (1) Eastwardly, along the northerly line of Monmouth Avenue 26 feet; thence (2) Northwardly, parallel with Wyoming Avenue 150 feet to the Commissioners' exterior warf line in Inside Thoroughfare; thence (3) Westwardly, along said exterior warf line, parallel with Monmouth Avenue, 26 feet to the easterly line of Wyoming Avenue; thence (4) Southwardly, along said easterly line of Wyoming Avenue, 150 feet to the place of beginning.

"No. 3—Beginning in the northerly line of Monmouth (formerly Mediterranean) Avenue 26 feet eastwardly from the easterly line of Wyoming Avenue (formerly called Margate Park) and extending thence Eastwardly, along said northerly line of Monmouth Avenue, 26 feet in front or width; thence northwardly between parallel lines of that width, parallel with Wyoming Avenue, 100 feet, more or less, in depth to high water line of Inside Thoroughfare.

"Together with all and singular the buildings, improvements, woods, ways, rights, liberties, privileges, hereditaments and appurtenances, whatsoever to the same belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof."

Thbis mortgage was foreclosed, and at a sale the premises were purchased by the complainant for the sum of $500, and on or about the loth day of October, 1927, the complainant entered into possession of the premises.

Prior to the foreclosure of this mortgage, the state of New Jersey granted to Frank J. Pedrick & Son the riparian rights in the said inside thoroughfare adjoining the premises owned by them (the said Frank J. Pedrick & Son), included in which were the riparian rights adjoining the premises described in complainant's mortgage.

The complainant alleges that the lands adjoining the mortgaged premises and included in said grant are bounded and described as follows:

"All that certain lot, tract or parcel of land and premises situate, lying and being in the City of Ventnor City, County of Atlantic and State of New Jersey.

"Beginning at a point in the northeast line of Wyoming Avenue (and Wyoming Avenue extended) 150 feet northwestwardly of the northeast corner of Monmouth and Wyoming Avenues; extending thence (1) Northwestwardly, in and along said northeast line of Wyoming Avenue and Wyoming Avenue extended, 227 feet, more or less, to a point in the center line of Inside Thoroughfare, located midway between the high water lines of the northwest and southeast shores of said Thoroughfare, the location...