Ocean View Land Co. v. W. Jersey Title Guar. Co.
| Decision Date | 06 June 1905 |
| Citation | 61 A. 83,71 N.J.L. 600 |
| Parties | OCEAN VIEW LAND CO. v. WEST JERSEY TITLE GUARANTY CO. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Error to the Supreme Court.
Action by the Ocean View Land Company against the West Jersey Title Guaranty Company. Judgment for defendant, and plaintiff brings error. Affirmed.
G. A. Bourgeois and Eli H. Chandler, for plaintiff in error. Louis Starr, for defendant in error.
This writ of error brings up a judgment of nonsuit directed by the trial judge at the circuit. Suit was brought upon a policy of insurance dated May 12, 1900, whereby the defendant contracted to indemnify, keep harmless, and insure the plaintiff against all loss or damage, not exceeding $6,000, which the plaintiff should sustain by reason of defects in or un-marketability of the title of the plaintiff to the estate or interest, as owner in fee simple, to certain lands therein described, because of liens or incumbrances charging the same at the date of said policy of insurance, saving estates, defects, objects, liens, or incumbrances excepted in a schedule, or by the conditions of the policy thereto annexed, which were incorporated in and made part of the contract.
The history of the title of the premises in question is as follows: In 1854 commissioners in partition conveyed to one Charles Harlin in fee certain tracts of land, including the lands the title of which was insured. In 1887 Mary Roberts made a deed of these lands to William S. Devine, administrator de bonis non cum testamento annexo of the estate of William Fennell, deceased. This deed recites that Mary Roberts was the sole executrix and devisee under the last will of Charles Harlin, deceased; that in 1854 there was granted and conveyed to said Charles Harlin two tracts of land in Atlantic county; that said Charles Harlin purchased said tracts of land for himself, William Parker Newlin, and William Fennell; that they all died, and that no conveyance had been made to Newlin and Fennell, or their heirs, executors, administrators, or assigns, of their respective interests or shares in said tracts of land; that Mary Roberts was desirous of granting and conveying unto Devine, administrator, etc., his successors in trust and assigns, the premises thereinafter described, which, by agreement by and between the legal representatives of the several estates of Harlin, Newlin, and Fennell, all deceased, was drawn by lot as the share or interest of Fennell; that Charles Harlin left a last will and testament whereby he devised to Mary Roberts all his property and appointed her his sole executrix, and then grants, bargains and sells, releases and confirms, unto the said Devine, administrator, etc., his heirs, successors in trust and assigns, the premises in question, with an habendum unto the said Devine, administrator, etc., his heirs, successors in trust and assigns, to and for the only proper use and behoof of the said Devine, administrator, etc., his heirs, successors in trust and assigns, forever. The will of Fennell authorizes his executors and their survivors to sell and dispose of all his estate and property, both real and personal at such times and at such prices as they might deem advantageous, and authorizes them to make deeds. The will also bequeaths the proceeds of all the testator's real and personal estate to certain persons therein named. In August, 1899, Devine, administrator, etc., by writing under seal, agreed to sell the premises in question to Eli H. Chandler, plaintiff's grantor, for $6,000, and in December, 1899, petitioned the orphans' court of Atlantic county for an order confirming the sale, which, upon hearing, was granted, and the administrator, etc., was ordered February 1, 1900, to make and deliver a good and sufficient conveyance to Chandler for the premises. Devine made a deed to Chandler dated August 5, 1899, acknowledged May 4, 1900, and recorded May 12, 1900. Devine signed this deed as...
To continue reading
Request your trial
-
Sandler v. New Jersey Realty Title Ins. Co.
...defects of title to, or liens or encumbrances upon realty in which the insured has an interest. See Ocean View Land Co. v. West Jersey Title Co., 71 N.J.L. 600, 605, 61 A. 83 (E. & A. 1905). As such, it is subject to the same rules of construction as are other insurance policies. 9 Appleman......
-
Pioneer Nat. Title Ins. Co. v. Child, Inc.
...defects of title to, or liens or encumbrances upon realty in which the insured has an interest. See Ocean View Land Co. v. West Jersey Title Co., 71 N.J.L. 600, 605, 61 A. 83 (E. & A.1905). As such, it is subject to the same rules of construction as are other insurance policies. 9 Appleman,......
-
Maas v. Leblanc
...3821); In re Devine, 62 N. J. Eq. 703, 49 A. 138; In re Carter's Estate (N. J. Err. & App.) 88 A. 1085; and Ocean View Land Co. v. West Jersey Title Co., 71 N. J. Law, 600, 61 A. 83. Section 24 of the Orphans' Court Act, above referred to, is in the form in which it existed at the date of t......
-
Caravan Products Co. v. Ritchie
...defects of title to, or liens or encumbrances upon realty in which the insured has an interest. See Ocean View Land Co. v. West Jersey Title Co., 71 N.J.L. 600, 605, 61 A. 83 (E. & A. 1905). As such, it is subject to the same rules of construction as are other insurance policies. 9 Appleman......
-
CHAPTER 5.02. Mortgage Loan Transactions
...2006).[32] Pioneer Nat. Tit. Ins. Co. v. Child, Inc. 401 A.2d 68 (Del. 1979) (quoting Ocean View Land Co. v. West Jersey Title Co., 71 N. J. L. 600, 605 (N.J. E&A 1905)).[33] See supra Section 5.02[1].[34] Delaware Department of Insurance, Bull. No. 27, Forms and Rates (2010). See also 18 D......