Ocean Grove Camp-Meeting Ass'n of Methodist Episcopal Church v. Berthall

• Decision Date: 19 June 1899
• Parties: OCEAN GROVE CAMP-MEETING ASS'N OF METHODIST EPISCOPAL CHURCH v. BERTHALL.
• Court: New Jersey Supreme Court

43 A. 887

63 N.J.L. 312

OCEAN GROVE CAMP-MEETING ASS'N OF METHODIST EPISCOPAL CHURCH

v. BERTHALL.

Court of Errors and Appeals of New Jersey.

June 19, 1899.

(Syllabus by the Court.)

Error to supreme court.

Action by the Ocean Grove Camp-Meeting Association of the Methodist Episcopal Church against Sophie W. Berthall. Judgment for defendant, and plaintiff brings error. Reversed.

An action of ejectment was brought in the circuit court, where judgment was given for the defendant, which was, upon writ of error to the supreme court, affirmed. 40 Atl. 779. The following is the resolution adopted by the plaintiff corporation:

"Whereas, at the suggestion of the lot holders on the lines of the avenues extending from Central to Ocean (exclusive of Ocean Pathway, Main avenue, and Broadway), the association proposed to change the present roadways in said avenues so that a roadway and sidewalk shall be opened in the middle of said avenues, and the ground intervening between the new sidewalks and the present linos of lots be kept for ornamentation, and the use and enjoyment of said lot holders, on the conditions and agreements following:

"(Provided, that said change shall not be made in any avenue unless three-fourths of the lot holders bordering on the same shall have first assented thereto by signing the following agreement, each lot holder to have one vote for every thirty running feet owned by him):

"Now, therefore, we, whose names are hereto subscribed, being lot holders on —— avenue, between Central and Ocean avenues, in Ocean Grove, New Jersey, do hereby agree with the Ocean Grove Association of the Methodist Episcopal Church, and with each other, as follows:

"First. That, in consideration of the association changing the roadways and sidewalks, as now existing, and placing the same in the middle of the avenues extending from the east line of Central avenue to the west line of Ocean avenue, and allowing the lot holders bordering on the said avenues the exclusive use and enjoyment (except as hereinafter set forth) of the plots of ground which may thus be made between the lines of the said new sidewalks and the present front line of our lots, for the purpose of ornamentation by sodding, planting, and cultivating flowers and shrubbery, or such other ornamentation as may first be approved by the proper officers of the association, or will sod the said land between the line of the present lots and the new sidewalk, and keep the same in good sod, and in a cleanly and orderly state, or, if we prefer it, will give the said land a good top dressing of soil suitable for flowers, and ornament the same with flowers and shrubbery, or in some other manner approved by the proper officers of said association, reserving a walk from our lots to said sidewalk; and that we will ever keep the same free from weeds, and in a cleanly and orderly state, renew the flowers or other ornamentation and the sod yearly, if necessary; and in default of so doing the said association may cause the same to be done, and assess the expense against our respective lots; but no trees shall be planted in said plots, except proper shade trees on the line of the curbing, nor shall any building or structure of any kind be...