[DOWNLOAD] "John Den, Ex Dem. Archibald Russell, Plaintiff in Error v. the Association of the Jersey Company" by United States Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: John Den, Ex Dem. Archibald Russell, Plaintiff in Error v. the Association of the Jersey Company
• Author : United States Supreme Court
• Release Date : January 01, 1853
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

Mr. Van Santvoord, one of the counsel for the plaintiff in error, thus noticed the point:We are to show, therefore, that the propriety in the soil under the navigable waters of New Jersey, passed to the Duke of York and his grantees, and that it passed not as one of the regalia of the crown, or as a concomitant of government, but as an absolute proprietary interest, subject, it is true, to every lawful public use; but not the less on that account a hereditament, and the subject of lawful ownership and of the right of full and unqualified possession when that public use shall have ceased. In examining the question it will be necessary, first, to remove an obstacle which is encountered at the very threshold of the discussion. It is contended, and the circuit judge so charged the jury, that the matter is already res adjudicata, and that the decision in Martin and others v. Waddell involves the very point in controversy. If this be so, the discussion, of course, is at an end. For though a decision like that of Arnold v. Mundy, 1 Halst. 1, in a State court is not conclusive, yet an adjudication by this court of the very subject-matter of the controversy is; and we are not at liberty to question it, or permitted to look beyond the rule and the decision in the particular case for the reason upon which such decision is founded.

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