Legal Opinion

Smith v. McAdam

Michigan Supreme Court

Decided January 15, 1855PublishedCited by 1 opinion

Case reserved from Lenawee Circuit. Neither the State nor the Company could acquire- any title to the lands of individuals, or any easement, or right of way even, except upon strict -compliance with the Constitution and Laws. (See Const. of 1835, Art. 1, § 18; Ib. of 1850, Art. 15,§ 9; Art. 18, § 14; Sess. L. of 1837, 197, § 15; II. 1839, 196-7, §24; II. 1840, 97, §16; 11. 1842, 123-4, §2; 11. 1843, 153, § 1; 11. 1844,15, § 1-2; Charter of B. B. Go., Sess.

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Case reserved from Lenawee Circuit. Neither the State nor the Company could acquire- any title to the lands of individuals, or any easement, or right of way even, except upon strict -compliance with the Constitution and Laws. (See Const. of 1835, Art. 1, § 18; Ib. of 1850, Art. 15,§ 9; Art. 18, § 14; Sess. L. of 1837, 197, § 15; II. 1839, 196-7, §24; II. 1840, 97, §16; 11. 1842, 123-4, §2; 11. 1843, 153, § 1; 11. 1844,15, § 1-2; Charter of B. B. Go., Sess. L. 1846, 171,172, cmd 182, last part of % 8; Gushmcm vs. Smith, Supreme Court of Maine; Livingston's Law Magazine for May, 1853, cmd cases…

1Opinion of the Court

By the Court,

Green, P. J.

The principles of law laid down in the case of the People ex rel. Green vs. the Southern Railroad Company, decided at the present term of this Court, determine the question reserved by the Circuit Judge in this case.

By the proceedings set forth in the case certified for the opin *509ion of this Court, the Michigan Southern Railroad Company obtained a right of way over and through the lands of the plaintiff^ so as to authorize the defendants, acting as the servants of said Company, to enter upon the premises in question, to erect a fence for the purpose of protecting the…

2Cited by1 opinion

  1. Vetterly v. McNealMichigan Supreme Court · 1902

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