Legal Opinion

Clark v. Campau

Michigan Supreme Court

Decided October 26, 1869PublishedCited by 11 opinions

Case made from Wayne Circuit. This was an action of trespass brought in Justice’s court for trespass upon land. Plea, with notice that the title to land would come in question, was interposed, and the case certified to the Circuit Court under the statute. The declaration was in the usual form. The issue was tried by the Court without a jury.

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Case made from Wayne Circuit. This was an action of trespass brought in Justice’s court for trespass upon land. Plea, with notice that the title to land would come in question, was interposed, and the case certified to the Circuit Court under the statute. The declaration was in the usual form. The issue was tried by the Court without a jury. All the facts being stipulated, and at plaintiff’s request the Court made a special finding as follows : “That plaintiff is the owner in fee of Private Claim No. 583, and defendant Campau, of Private Claim No. 563 in Springwells, Wayne County, which…

1Opinion of the Court

Campbell J.

Clark and Campau being adjoining land owners on Detroit River, tbe former claims title to certain land under water extending diagonally across Oampau’s front, upon the ground that the rights in the water are to be determined by the direction of the boundaries on land. The division line between the two runs in such a direction that Clark’s land widens , and Campau’s narrows as the lots approach the shore, and Clark claims that the lines should be extended into the water in the same direction at which they strike the shore line.

The Court below ruled in substance that the rights in…

2Cases cited5 opinions

  1. Banks v. OgdenSupreme Court of the United States · 1865
  2. Johnston v. JonesSupreme Court of the United States · 1862
  3. Saulet v. ShepherdSupreme Court of the United States · 1867
  4. O'Donnell v. . KelseyNew York Court of Appeals · 1852
  5. The Seneca Nation of Indians v. . KnightNew York Court of Appeals · 1861

3Cited by11 opinions

  1. City of Peoria v. Central National BankIllinois Supreme Court · 1906
  2. St. Helen Shooting Club v. MogleMichigan Supreme Court · 1926
  3. Merrill-Stevens Co. v. DurkeeSupreme Court of Florida · 1911
  4. Montgomery v. ShaverOregon Supreme Court · 1901
  5. Shedd v. American Maize Products Co.Indiana Court of Appeals · 1916

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