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Leary v. Jersey City, 248 U.S. 328 (1919)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Leary v. Jersey City, 248 U.S. 328 (1919)
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Leary v. Jersey City No. 3 Argued November 12, 13, 1918 Decided January 7, 1919 248 U.S. 328
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
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 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. 331.
208 F. 854 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Leary v. Jersey City, 248 U.S. 328 (1919) in 248 U.S. 328 248 U.S. 329. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=K84SWG4KINEF1P7.
MLA: U.S. Supreme Court. "Syllabus." Leary v. Jersey City, 248 U.S. 328 (1919), in 248 U.S. 328, page 248 U.S. 329. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=K84SWG4KINEF1P7.
Harvard: U.S. Supreme Court, 'Syllabus' in Leary v. Jersey City, 248 U.S. 328 (1919). cited in 1919, 248 U.S. 328, pp.248 U.S. 329. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=K84SWG4KINEF1P7.
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