Legal Opinion

Morgan v. Meuth

Michigan Supreme Court

Decided April 8, 1886PublishedCited by 19 opinions

Appeal from Washtenaw'. (Joslin, J.) Complainant appeals. The facts are stated in the opinion. Complainant claims the right to use this alley, through the provisions of the Caroline Buchoz mortgage. This mortgage was foreclosed, and the south eight feet of the mortgaged premises, and the right of way to the barn, were sold and conveyed to complainant. The evidence shows that the alley in question was the way provided by Buchoz, under the provisions of this mortgage.

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Appeal from Washtenaw'. (Joslin, J.) Complainant appeals. The facts are stated in the opinion. Complainant claims the right to use this alley, through the provisions of the Caroline Buchoz mortgage. This mortgage was foreclosed, and the south eight feet of the mortgaged premises, and the right of way to the barn, were sold and conveyed to complainant. The evidence shows that the alley in question was the way provided by Buchoz, under the provisions of this mortgage. A deed is to be construed' in the light of all of the surrounding circumstances. A right of way of an alley, included in a deed,…

1Opinion of the CourtMorse, J.

The bill of complaint in this case was filed to •establish complainant’s right to an alley in the property ■known as the “ Buchoz Block,” in Ann Arbor.

The Buchoz block consists of four stores fronting nearly west on Detroit street. The alley in question is about twelve feet wide, and is immediately north and adjoining the block, *246and extends east to the rear end of the lot upon which the-block is built.

The Buchoz block is located on the Kenneth-Davidson plat of subdivision of lot 3, in block No. 3, north of Huron, street, in range 6 east, in Ann Arbor. The lots in this block are eight by…

2Cases cited5 opinions

  1. Lampman v. . MilksNew York Court of Appeals · 1860
  2. Parsons v. . JohnsonNew York Court of Appeals · 1877
  3. Grant v. ChaseMassachusetts Supreme Judicial Court · 1821
  4. Wayne County Savings Bank v. . LowNew York Court of Appeals · 1880
  5. Scott v. PalmsMichigan Supreme Court · 1882

3Cited by19 opinions

  1. Waubun Beach Ass'n v. WilsonMichigan Supreme Court · 1936
  2. Murphy Chair Co. v. American Radiator Co.Michigan Supreme Court · 1912
  3. Von Meding v. StrahlMichigan Supreme Court · 1948
  4. Burling v. LeiterMichigan Supreme Court · 1935
  5. Bean v. BeanMichigan Supreme Court · 1910

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