Berkey & Gay Furniture Co. v. Valley City Milling Co.
Michigan Supreme Court
Appeal from Kent; Brown, J. Bill by the Berkey & Gay Furniture Company and others against the .Valley City Milling Company to establish complainants’ right to use a certain alley or way, and to restrain defendant from obstructing same. From a decree for complainants, defendant appeals.
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Appeal from Kent; Brown, J. Bill by the Berkey & Gay Furniture Company and others against the .Valley City Milling Company to establish complainants’ right to use a certain alley or way, and to restrain defendant from obstructing same. From a decree for complainants, defendant appeals. The bill of complaint in this case is filed by the complainants : (a) To obtain a decree confirming their right to the use of a way, alley, or road over certain described premises as appurtenant to the premises of the complainants. (b) For a mandatory injunction compelling defendant to remove certain…
1Opinion of the CourtBrooke, J.
(after stating the facts). The first position taken by defendant in our opinion requires no examination. It may be conceded for the purposes of this case that the reservation contained in the deed of one-third of lots C, B, and A executed in 1836 was obliterated by the subsequent merging of all the estates in Daniel Ball. The language of this deed, however, is of evidential value not as showing that complainants have a record title to the easement, but as indicating beyond peradventure that the owners of the property as early as 1836- believed that the beneficial use of the land lying between…
2Cases cited2 opinions
- Hall v. HallSupreme Judicial Court of Maine · 1910
- Clement v. BettleSupreme Court of New Jersey · 1901
3Cited by21 opinions
- Greenwalt v. McCardellCourt of Appeals of Maryland · 1940
- Widmayer v. LeonardMichigan Supreme Court · 1985
- St. Cecelia Society v. Universal Car & Service Co.Michigan Supreme Court · 1921
- Wallace Ranch Water Co. v. Foothill Ditch Co.California Supreme Court · 1935
- McMorran Milling Co. v. Pere Marquette Railway Co.Michigan Supreme Court · 1920
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