Legal Opinion

Rose v. Linderman

Michigan Supreme Court

Decided March 5, 1907No. Docket No. 65PublishedCited by 2 opinions

Error to Kent; Perkins, J. Ejectment by Washington Rose against Albert Linderman. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

1Opinion of the CourtHooker, J.

The parties to this action own and occupy adjoining lands. Having a controversy over the fence between their respective premises, the defendant caused a view to be taken of the same by the fence viewers, and 50 rods of the line was apportioned to him, and 30 rods to the plaintiff. The defendant had or thereupon built a stump fence; the roots of the stumps resting upon his land, and the trunk portion of the stumps resting upon the land of the plaintiff. The undisputed evidence shows that the fence occupied a strip of land about 5 to 5£ feet wide, and that, while the partition line was at the…

2Cases cited2 opinions

  1. Kennedy v. OwenMassachusetts Supreme Judicial Court · 1881
  2. Kelly v. DonnellySuperior Court of Pennsylvania · 1902

3Cited by2 opinions

  1. Rich v. StephensUtah Supreme Court · 1932
  2. Outhwaite v. GunnMichigan Supreme Court · 1914

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