Von Zellen v. Westrom

*556Busi-inell, J.

The background out of which the present issue arises may be gained from the factual statements of Von Zellen v. Baraga Circuit Judge, 232 Mich. 568; Grand Rapids Trust Co. v. Von Zellen, 260 Mich. 341, and Grand Rapids Trust Co. v. Von Zellen, 267 Mich. 533. The pendency of the instant action is referred to on page 539 of the last named opinion as is the invalid highway deed on page 536.

The action before us is one to recover damages for trespass on mortgaged lands incident to the building of trunk line highway No. 35. Plaintiff claims that during the construction of the highway…