This suit in ejectment was instituted in the former New Jersey Supreme Court, Morris County, and transferred on September 15th, 1948 to this court. The parties waived trial by jury and submitted the matter on a stipulation of facts and briefs to the court on October 15th, 1948 for decision.
The facts giving rise to the dispute are, and I find them to be as follows:
The plaintiffs are presently the owners of partially developed lands situate in the Township of Mendham, Morris County, New Jersey, comprising approximately three and one-half acres and more particularly described in the complaint. The premises in question were formerly owned by A. Siegfried Lau.
On June 18th, 1923 Lau, then the owner of the premises made, executed, sealed and delivered the following instrument:
"$100.00 Received of the American Telephone and Telegraph Company of New Jersey One Hundred 0/100 Dollars, in consideration of which I hereby grant unto said Company, its successors and assigns, the right, privilege and authority to construct, operate and maintain its lines of Telephone and Telegraph, including the necessary poles, wires, cables and fixtures upon, over and across the property which I own, or in which I have any interest, in the Township of Mendham, County of Morris and State of New Jersey, and upon and along the roads, streets, or highways adjoining the said property, with the right to permit the attachment of the wires and cables of any
other company, and the right to trim any trees along said lines so as to keep the wires and cables cleared at least eighteen inches, to erect and set the necessary guy and brace poles and anchors and to attach thereto and to trees the necessary guy wires; said sum being received in full payment therefor, pole west of old Calais road to be located on property line. Trees interfering with said line to be cut down.
Witness my hand and seal, this 18 day of June, A.D. 1923, at 35 Ramge Terrace, Bloomfield, N.J.