Bell v. Todd
Michigan Supreme Court
Appeal from St. Joseph. (Pealer, J.) INJUNCTION against obstructing streets. ' Complainants* appeaL Selling a lot as bounded on a street estops the grantor, and those claiming under him, from shutting it up so as to prevent the grantee’s use of it, whether it be a public street or not; the grantee has a right to make use of it “ for his own accommodation; ” there is no question of necessity about it: Smith v. Look 18 Mich. 56; White v. Smith 37 Mich. 291; Karrer y.
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Appeal from St. Joseph. (Pealer, J.) INJUNCTION against obstructing streets. ' Complainants* appeaL Selling a lot as bounded on a street estops the grantor, and those claiming under him, from shutting it up so as to prevent the grantee’s use of it, whether it be a public street or not; the grantee has a right to make use of it “ for his own accommodation; ” there is no question of necessity about it: Smith v. Look 18 Mich. 56; White v. Smith 37 Mich. 291; Karrer y. Berry 44 Mich. 391; Child v. Chap-pell 9 N. Y. 246; Wiggins v. Me Cleary 49 N. T. 346 ; the-grantee’s right is not limited to the…
1Opinion of the CourtCooley, J.
The purpose of the bill in this case is to enjoin the defendant from enclosing and occupying with buildings and for his private business certain parcels of land which complainants claim have been made public streets by dedication, or, if not public streets, their private ways for the enjoyment and use of complainants in connection with certain lots owned by them and which abut on one of the supposed streets or ways. The facts appear to be that one Need, in the year 1872, being the owner of certain lands in the township of Nottowa, St. Joseph county, platted a village thereon which he named…
2Cases cited25 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Oswald v. GrenetTexas Supreme Court · 1858
- Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
- Lamar County v. ClementsTexas Supreme Court · 1878
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3Cited by14 opinions
- Il Giardino, LLC v. Belle Haven Land Co.Supreme Court of Connecticut · 2000
- Whitton v. ClarkSupreme Court of Connecticut · 1930
- Tomecek v. BavasMichigan Supreme Court · 2008
- State ex rel. Kincaid v. HamiltonTennessee Supreme Court · 1902
- Talbert v. MasonSupreme Court of Iowa · 1907
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