Brown v. Fuller
Michigan Supreme Court
Appeal from Kalamazoo; Knappen, J. Bill by Constance Reed Brown against Horace J. Fuller and Lizzie P. Fuller to enjoin defendants from obstructing a sewer and to require them to rebuild portions already destroyed. From a decree for complainant, defendants appeal. Complainant and defendants were, respectively, owners of adjoining lots facing Burdick street, in the city of Kalamazoo.
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Appeal from Kalamazoo; Knappen, J. Bill by Constance Reed Brown against Horace J. Fuller and Lizzie P. Fuller to enjoin defendants from obstructing a sewer and to require them to rebuild portions already destroyed. From a decree for complainant, defendants appeal. Complainant and defendants were, respectively, owners of adjoining lots facing Burdick street, in the city of Kalamazoo. Upon complainant’s lot, which was 22 feet wide and about 230 feet deep, extending to Farmer’s alley, there had stood for many years a three-story brick block, running east from Burdick street about 90 feet. To the…
1Opinion of the CourtBrooke, J.
(after stating the facts). The sole ques*165tion for determination here is whether or not there is an implied reservation of an easement over the land sold by complainant to defendants. It is said that in reaching the conclusion he did, the learned circuit judge relied upon the case of Smith v. Dresselhouse, 152 Mich. 451 (116 N. W. 387). An examination of the facts in that case will at once demonstrate that it differs vitally and fundamentally from the case here considered. There the owner of two adjoining tenements, located upon either side of a river, upon each of which stood a mill, sold one…
2Cases cited2 opinions
- Covell v. BrightMichigan Supreme Court · 1909
- Smith v. DresselhouseMichigan Supreme Court · 1908
3Cited by8 opinions
- Line v. MillerCourt of Appeals of Tennessee · 1957
- Schmidt v. EgerMichigan Court of Appeals · 1980
- Howley v. ChaffeeSupreme Court of Vermont · 1915
- Van Sandt v. RoysterSupreme Court of Kansas · 1938
- Bubser v. RanguetteMichigan Supreme Court · 1934
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