New Jersey Court of Chancery, 1848

Newark Aqueduct Co. v. Joralemon

Newark Aqueduct Co. v. Joralemon
New Jersey Court of Chancery · Decided December 15, 1848
7 N.J. Eq. 304

Counsel

F. T. Frelinglmysen for the complainants., No counsel appeared for the defendants.

Newark Aqueduct Co. v. Joralemon

Opinion of the Court

The Chancellor.

The consideration money having been paid by James N. Joralemon, the conveyance to Samuel, in trust for the infant son of James, was voluntary; and the facts show that it was for an improper purpose. The subsequent purchaser, Smith, who took the conveyance from Samuel, was a bona fide purchaser without actual notice of the trust; and the certificate of the Clerk, on the faith of which he purchased, represented the deed to Samuel to be an absolute deed, unlimited by any trust. Smith’s equity is superior to that of the infant. His title will be established.

Decree accordingly.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.