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“Ejectment for a part of a certain tract of land lying in the county of Morris, called the Bog or Fly Meadow. The cause came before the court upon a demurrer to the evidence, taken by the defendant, and joined by the lessor of the plaintiff. The facts stated in the demurrer are as follow: The heirs and legal representatives of Anthony Brockholst, Aarent Schuyler, and Nicholas Bayard, who had died seised of the above tract of land, each entitled to one equal third part thereof, in common; finding it inconvenient, if not impossible, on account of their number, to settle and adjust various disputes which had arisen with persons who had taken possession of, and claimed title to parts of the said tract of land, deemed it best, (as the recital in the deed states) to vest the legal title to this land in certain trustees, to enable them to commence and prosecute suits for the recovery of the same. They accordingly executed a deed, bearing date the 26th of September 1770, whereby they conveyed the whole of the same bog to three trustees, and to the survivor of them in fee simple. This deed having by some means been lost, or destroyed, the demurrer states that its contents are set forth in the recital, in an act of the legislature of New Jersey, passed on the first of June 1786, upon the petition of the cestui que trusts in the said deed, or a large majority of them in number and value; which prayed that the legislature would invest the trustees named in the said deed with additional powers, and would vest the title to the said bog, as far as the same was originally vested in Brockholst, Schuyler, and Bayard, in the said trustees in fee simple, for the purposes mentioned in the said deed of 1770, and for the further purpose of reclaiming, dividing and making partition of the property amongst those who should appear to be entitled to the same under the original owners.”

Case Citation

4 Wash. C. C. 38