Westman v. Kiell

Defendants appeal as of right from an order entered in the Berrien Circuit Court granting summary disposition in favor of plaintiffs in their action to quiet title. We affirm in part, reverse in part, and remand for further proceedings.

The instant action to quiet title concerns a sixty-six-foot-wide strip of land that abuts the western boundary of a parcel of real property owned by plaintiffs and commonly referred to as "the Big Four right of way.” By condemnation order entered in the Berrien County Probate Court on May 22, 1882, the Elkhart, Niles and Lake Michigan Railroad Company acquired,…