Baker v. Johnston
Michigan Supreme Court
Error to Van Burén Circuit. This was an action of trespass quare clausum, brought by John R. Baker before a Justice of the Peace for Van Burén County, against James B. Johnston, the locus in quo being described as block number six, in the village of Lawrence, in Van Burén County.
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Error to Van Burén Circuit. This was an action of trespass quare clausum, brought by John R. Baker before a Justice of the Peace for Van Burén County, against James B. Johnston, the locus in quo being described as block number six, in the village of Lawrence, in Van Burén County. The defendant pleaded the general issue, and gave notice that the land upon which the said alleged trespass was committed was not, at the time of the alleged trespass, the land and close of the said plaintiff, but was and is the land and close of the County of Van Burén, held in trust by said county for the use and…
1Opinion of the Court
Campbell, Ch. J.
The action below ivas an .action of trespass for breaking the close of Baker, and defendant justified on the ground that he was acting' on behalf of the village authorities of Lawrence, Van Burén County, in entering upon the premises as a public square lawfully dedicated by Baker, and accepted on behalf of the public so as to preclude him from withdrawing the dedication. Most of the questions presented by the assignment of errors relate to the acceptance and sufficiency of the dedication.
In September, 1846, Baker made and caused to be recorded a plat of certain lands,…
2Cases cited2 opinions
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Pearsall v. PostNew York Supreme Court · 1838
3Cited by39 opinions
- Ross v. ThompsonIndiana Supreme Court · 1881
- County of Wayne v. MillerMichigan Supreme Court · 1875
- Alton v. MeeuwenbergMichigan Supreme Court · 1896
- Fishblate v. Fidelity Co.Supreme Court of North Carolina · 1906
- Kirchen v. RemengaMichigan Supreme Court · 1939
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