United States Supreme Court Cases & Opinions

U.S. Supreme Court

Leary v. Jersey City, 248 U.S. 328 (1919)

Leary v. Jersey City

No. 3

Argued November 12, 13, 1918

Decided January 7, 1919

248 U.S. 328

Syllabus

An instrument executed in the name and behalf of the New Jersey by the state Riparian Commission, after reciting an application and agreement for a lease of certain submerged land, the fixing of a specified rental and of a larger sum to be paid for a conveyance free from rent, proceeded to "bargain, sell, lease, and convey" the lands to the applicant corporation, its successors and assigns, and "the right, liberty, privilege and franchise to exclude the tide water " from such land "by filling in or otherwise improving the same and to appropriate the land . . . to their exclusive private use;" an habendum declared that the lands and all rights and privileges exercisable within and over or with reference to the same should be held by the company, its successors, and assigns forever, subject to the payment of the specified rent in semiannual installments, and

Page 248 U. S. 329

there were covenants for payment of the rent and for right of reentry by the state for nonpayment, and for conveyance of the land or any part thereof to the company, its successors, or assigns, free and discharged of the rent, upon payment of a sum specified, or an equitable portion of it.

Held that, under the law of New Jersey, there was a grant of the fee, subject to a rent charge, and that the lands were taxable against the grantee and its assigns as owners. P. 248 U. S. 331.

208 F.8d 4 affirmed.

The case is stated in the opinion.