Crew's Die Casting Corp. v. Davidow

This case descends directly from Zemon v. Netzorg, 247 Mich 563, decided in 1929. The same “alley” is involved. The only difference between the 2 cases is that the present plaintiff, owner of lot 1 plus the north 69 feet of lot 2 * , seeks by its bill to establish certain rights in and to the alley as appurtenant to the north 69 feet of lot 2; whereas in Zemon plaintiff’s predecessor unsuccessfully sought the right of ingress and egress, between Meldrum avenue and adjoining lot 1, by means of the same alley.

Paragraph 4 of plaintiff’s bill, not traversed by defendant, discloses the intentional…