Comstock v. Sharp
Michigan Supreme Court
Appeal from Jackson; Peck, J. Bill by Hattie E. Comstock against John C. Sharp to compel the removal of an obstruction from a street. From a decree dismissing the bill, complainant appeals If the owner of land exhibits a plat thereof, on which a street, is defined, and sells lots abutting on such streei, with clear reference to the plat, the purchasers of such lots have a right to insist that such street shall forever remain open to the public.
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Appeal from Jackson; Peck, J. Bill by Hattie E. Comstock against John C. Sharp to compel the removal of an obstruction from a street. From a decree dismissing the bill, complainant appeals If the owner of land exhibits a plat thereof, on which a street, is defined, and sells lots abutting on such streei, with clear reference to the plat, the purchasers of such lots have a right to insist that such street shall forever remain open to the public. Earll v. Chicago 136 Ill. 277; Smith v. Lock, 18 Mich. 56; Railroad Co. v. Hrisel. 47 Mich. 393; Diamond Match Co. v. Ontonagon, 72 Mich. 259;…
1Opinion of the Court
McGrath. C. J.
Complainant is the owner of lots 5, 6, 7, 8, and 9, on the south-west corner of Fourth and Willow streets, just outside of the city of Jackson. The lots front on Willow street, and were numbered from west to east, but they had for many years been inclosed and occupied as one parcel, the dwelling thereon fronting on Fourth street.
The territory was platted and the plat recorded in 1870, by one Lathrop. It is only claimed for this plat that it was an express common-law dedication. Lathrop, in October, 1871, conveyed the land north of the center of Willow street by metes and bounds,…
2Cases cited2 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Hills v. MillerNew York Court of Chancery · 1831
3Cited by2 opinions
- LaPlant v. SchumanSupreme Court of Iowa · 1923
- Le Roy v. CollinsMichigan Supreme Court · 1908