38 N.J.L. 165 | N.J. | 1875
The opinion of the court was delivered by
This suit was brought to recover the value of a railroad track removed by the defendant from the lands of the plaintiffs. The question is, whether the track was so annexed to the lands as to become a fixture, and pass by a conveyance of the realty. It does not appear who had title to the land at the time the rails were laid down, fifteen or twenty years before the suit was instituted, but since that time the Central Railroad Company has used the track for the purpose of taking gravel from gravel pits upon the premises.
The Central Railroad Company conveyed these lands to the Central New Jersey Land and Improvement Company, by deed dated January 1st, 1870.
This question has been passed upon by the jury, and this court cannot say, that under the evidence in the case, the jury was not justified in finding that the property in question was so annexed and adapted to the use of the realty as to become part of it.
On the trial of the cause, it appeared, in evidence, that in the agreement between the Land Improvement Company and Wilkinson, for the sale and purchase of these premises, the track and ties were reserved by the company. No express notice to the plaintiffs, of this reservation, was shown, but an attempt was made to charge them with constructive notice, by the fact that the Central Railroad Company was in the possession and use of the track up to the date of the purchase.
If a person should purchase an estate from the owner, knowing it to be in the possession of tenants, he is bound to inquire into the estate which such tenants have. Having knowledge of the tenancy, he is bound to inform himself of the conditions of the lease. The general rule is, that possession of laud is notice to a purchaser of the possessor’s title. 4 Kent’s Com. 179 ; 1 Story’s Eq., § 400; Meux v. Maltby, 2 Swanst. 281.
But this rule does not apply to a vendor remaining in possession, so as to require a purchaser from his grantee to inquire whether he has reserved any interest in the land conveyed.
So far as the purchaser is concerned, the vendor’s deed is conclusive upon that subject; having declared, by his conveyance, that he makes no reservation, he is estopped from setting up any secret arrangement by which his grant is impaired.
The jury was properly instructed, that the plaintiffs were not affected by this reservation unless they had notice of it at the time they purchased.
In my opinion, the rule to show cause should be discharged.