Hilliker v. Coleman
Michigan Supreme Court
Appeal from Oakland. (Stickney, J.) Bill to restrain diversion of water-course. Defendant-appeals. The facts are stated in the opinion, 1. The proofs clearly establish that the stream in question was a. water-course, even across defendant’s lands, and that, whether that is true or not, it certainly had become a water-course when it reached the highway, and before it passed onto complainants’' lands. 2. If the water-course was not such in a state, of nature, it has: become…
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Appeal from Oakland. (Stickney, J.) Bill to restrain diversion of water-course. Defendant-appeals. The facts are stated in the opinion, 1. The proofs clearly establish that the stream in question was a. water-course, even across defendant’s lands, and that, whether that is true or not, it certainly had become a water-course when it reached the highway, and before it passed onto complainants’' lands. 2. If the water-course was not such in a state, of nature, it has: become such as the result of ditching, acquiesced in by complainants for a number of years, they having permitted defendant’s…
1Opinion of the CourtMorse, J.
The defendant owns and occupies a farm situated in the township of Farmington, in Oakland county, this State. He purchased the same in 1864, and has ever since resided upon it. The main part of this farm lies upon the north side of an east and west highway.
Across the road from his premises, on the south, are located the lands of the complainants. On the same side of the highway, and to the east of and adjoining the Hilliker premises, is a piece of land belonging to the defendant. Some 40 rods north of this highway, upon the lands of Ooleman, there ivas, 40 or 50 years ago, a small marsh, or…
2Cited by6 opinions
- Kernen v. Homestead Development Co.Michigan Court of Appeals · 1999
- Kerley v. WolfeMichigan Supreme Court · 1957
- Mott v. HolbrookNorth Dakota Supreme Court · 1914
- Rummell v. LambMichigan Supreme Court · 1894
- Andrews v. WeckermanMichigan Supreme Court · 1906
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