Druse v. Wheeler
Michigan Supreme Court
Error to Washtenaw Circuit. This action was trespass quare clausum, etc., brought by plaintiff in error, for breaking his close and. committing various grievances, and removing certain fences and sheds. Defendants pleaded the general issue and gave notice of license, and also of title in a Baptise church, of which they were trustees, and as such did the acts in question.
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Error to Washtenaw Circuit. This action was trespass quare clausum, etc., brought by plaintiff in error, for breaking his close and. committing various grievances, and removing certain fences and sheds. Defendants pleaded the general issue and gave notice of license, and also of title in a Baptise church, of which they were trustees, and as such did the acts in question. On the trial it appeared that plaintiff owned a fatm. adjoining the church lot, and on November 26, 1867, entered into a contract with the trustees, whereby, as soon as the trustees could get legal authority to act, plaintiff…
1Opinion of the Court
Ghristiancy, Oh. J.
This case was formerly before us upon a similar (though not precisely the same) state of facts, and the judgment being reversed, was sent back for a new trial. — See 22 Mich., 439. A new trial having been had, the case is again brought before us by writ of error and exceptions taken on the trial, by the plaintiff below, who is also plaintiff in error.
For the nature of the written contract between the plaintiff and the trustees of the church, which was given in evidence on the trial, and its effect, as well as the general nature of the controversy, we refer to the opinion of…
2Cases cited2 opinions
- Druse v. WheelerMichigan Supreme Court · 1871
- Pennsylvania Mining Co. v. S. P. Brady & Co.Michigan Supreme Court · 1868
3Cited by36 opinions
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- Douglas v. Edgewater Park Co.Michigan Supreme Court · 1963
- Michigan Pipe Co. v. Michigan Fire & Marine InsuranceMichigan Supreme Court · 1892
- Wierengo v. American Fire InsuranceMichigan Supreme Court · 1894
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