85 N.J. Eq. 374 | New York Court of Chancery | 1915
This was a bill to quiet title to lands formerly under thei waters of the Atlantic ocean, claimed by the defendant Stevens under a riparian grant from the state. Upon final hearing, the
An illustration of the inability of this court to aid the defendant, and the correct practice to be pursued, will be found in Tuttle v. Gilmore, 42 N. J. Eq. 369. There, the conclusions of the appellate court were misentered in its minutes, and as entered were certified to this court by the remittitur. The mistake was an obvious one, and the chancellor entered a decree, not in pursuance of the language of the remittitur, but as the court above had in fact decided the issue." On appeal from this decree, which the upper court admitted correctly adjudged the rights of the parties, it was reversed, Chief-Justice Beasley, writing the opinion of the court, saying: “The court of chancery had, in point of fact, executed the judgment of this court as it was pronounced, but not as it was entered, and therein we think an error was committed. Like those of all other judicial tribunals, the record of this court, kept under its own supervision, must be taken as the infallible exponent of its mind, and as in every respect being correct; it is not alterable except under its own authority. The result, therefore, is that the respondent should
Moreover, looking into the opinion of the court of errors and appeals, in the present case, I find that the judgment of that court, dismissing the bill, was rested entirely upon the untenability of the complainants’ claim to title, and in no aspect was the defendants’ title pretended to be examined and confirmed. In such circumstances, this court, in its determination of the cause, would not have awarded the relief the defendant now seeks on this motion.
■ The motion will be denied.