United States Supreme Court Cases & Opinions

U.S. Supreme Court

Den v. Association of New Jersey Company, 56 U.S. 15 How. 426 426 (1853)

Den v. Association of New Jersey Company

56 U.S. (15 How.) 426

Syllabus

The soil under the public navigable waters of East New Jersey belongs to the state and not to the proprietors. This Court so decided in the case of Martin v. Waddell, 16 Pet. 367, and the principle covers a case where land has been reclaimed from the water under an act of the legislature.

This action of ejectment was brought to recover a tract of land at Paulus Hook, now Jersey City, on the Jersey shore, formerly under the tidewaters of the Hudson River, and below low water mark. The locus in quo has been reclaimed from the water by artificial means, and was in the possession of the Jersey Associates, and occupied by them as building lots.

Upon the trial in the circuit court, it was ruled that the plaintiff had failed to make out a title, and the jury found for the defendants.

The plaintiff excepted to the opinion of the court, and the cause came up on a writ of error.

Page 56 U. S. 432