83 N.J. Eq. 314 | N.J. | 1914
The opinion of the court was delivered by
This is a bill to quiet title to land formerly under the waters of the Atlantic ocean. The bill originally filed claimed title by accretion. This claim was abandoned and by an amended bill,
The land formerly belonged to Robert B. Leeds. He conveyed in 1856 to John MeClees by a description bounding on the edge of Absecon inlet. MeClees conveyed in 1897 to the Atlantic City Beach Front Improvement Company by a description bounding on the high-water mark of Absecon inlet and the Atlantic ocean. At that time the ocean had encroached many feet upon the beach and the land now in question was under water. The complainants claim title by various mesne conveyances under the deed to the Atlantic City Beach Front Improvement Company to land therein described. The original bill in this case was filed in 1909. In 1912 the Dewey Land Company took a quitclaim deed from the heirs-at-law of Robert B. Leeds for a tract running to high-water mark as it existed in 1852. It had, on November 1st, 1911, taken a quitclaim deed from John Mc-Clees, running to high-water mark as it existed April 15th, 1853. It is too clear for argument that the complainants acquired no title to the locus in quo by virtue of the deeds from the Atlantic City Beach Front Improvement Company; the title so acquired stopped by the very terms of the description with the then existing high-water mark, and the state’s title began at that point. Inasmuch as all claim'by accretion is -waived, the complainants’ amended bill must fail unless they acquired title from the Leeds’ heirs or MeClees. Their position is that the title to the land is not lost if when the ocean recedes the land can again be known and reclaimed by admeasurement; to sustain their position they refer to what wre Said in Ocean City Association v. Shriver, 64 N. J. Law 550. That principle, however, is not applicable to the present case. If the locus in quo ivas fast land in 1856, at the date of the conveyance from Leeds to MeClees, it passed to him and the Leeds’ heirs had nothing to convey in 1912; if it was under water in 1856, it did not pass to MeClees, since his title by the very terms of the description stopped with the edge of the inlet. But it did not remain in Leeds; to so hold would be to hold that MeClees might thereafter by the recession of the water be shut out by his own grantor from the boundary of the inlet
We think the complainants fail to establish the title set up on the amended bill; the decree of dismissal must therefore be affirmed, with costs.
For affirmance■ — -The Chief-Justice, Garrison, Swayze, Trenchard, Parker, Bergen, Minturn, Kalisch, Yredenburgu-i, White — 10.
For reversal — -Hone.