Putnam v. Pere Marquette Railroad
Michigan Supreme Court
Appeal from Kent; Perkins, J. Bill by Reuben W. Putnam and another against the Pere Marquette Railroad Company for an accounting and injunction against removing the top soil from premises used as a gravel pit. From an order overruling a demurrer to the bill of complaint, defendant appeals. Complainants, by deed, conveyed to defendant certain rights in a piece of real estate to be used as a gravel pit.
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Appeal from Kent; Perkins, J. Bill by Reuben W. Putnam and another against the Pere Marquette Railroad Company for an accounting and injunction against removing the top soil from premises used as a gravel pit. From an order overruling a demurrer to the bill of complaint, defendant appeals. Complainants, by deed, conveyed to defendant certain rights in a piece of real estate to be used as a gravel pit. The material portions of the conveyance follow: “ Witnesseth: That the said parties of the first part, for and in consideration of the sum of three thousand and thirty-eight and 1%°¶ dollars…
1Opinion of the CourtBrooke, J.
(after stating the facts). It is the contention of defendant that the instrument under consideration conveys to it the fee; and that complainants reserved only the right to cultivate during their lives, for an agreed rental (payment of taxes), such portion of the land described in the deed as should not be used by the defendant. *251For an interference with this right of cultivation, if is urged that the law affords an adequate remedy. Complainants’ position is that the deed conveys to defendant only the gravel lying between the top soil and a point down to which, this land could be drained, as…
2Cases cited15 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Bassett v. BudlongMichigan Supreme Court · 1889
- Negaunee Iron Co. v. Iron Cliffs Co.Michigan Supreme Court · 1903
- Martin v. CookMichigan Supreme Court · 1894
- Smith v. SmithMichigan Supreme Court · 1888
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Quinn v. Pere Marquette Railway Co.Michigan Supreme Court · 1931
- Klever v. KleverMichigan Supreme Court · 1952
- J. J. Fagan & Co. v. BurnsMichigan Supreme Court · 1929
- Central Jersey Dodge Truck Center, Inc. v. Sightseer Corporation and Prf Industries, Inc.Court of Appeals for the Sixth Circuit · 1979
- Higbie v. ChaseMichigan Supreme Court · 1943
8 more not listed; retrieve them via the Exa API.