Benedict v. Torrent
Michigan Supreme Court
Appeal from Manistee. (Judkins, J.) Original bill filed to enjoin the cutting and removal of timber by the defendants, who filed a cross-bill praying that they be decreed the owners of an undivided part of the timber, with the right to cut and remove the same, and, if necessary, that partition might be made thereof. The facts are stated in the opinion.
1Opinion of the CourtGrant, J.
The bill in this case is filed by complainant, Benedict, to enjoin the defendants from cutting and removing the timber from the lands described therein, about 1,100 acres. He avers that he is the owner in fee of the lands, sets forth his chain of title, alleges that defendants set up a claim to the timber upon the- lands by virtue of a pretended conveyance thereof to them by some of complainant’s grantors, and that they threaten to cut and remove the timber.
The answer admits complainant’s title to the land, but claims that the defendants own the undivided 23-24 of the timber growing thereon,…
2Cited by12 opinions
- Mee v. BenedictMichigan Supreme Court · 1893
- Ball v. ClarkCourt of Appeals of Kentucky · 1912
- Jonas v. WeiresSupreme Court of Iowa · 1907
- Harrell v. MasonSupreme Court of Alabama · 1911
- Fredrick v. FredrickIllinois Supreme Court · 1906
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