Legal Opinion

City of Detroit v. Detroit & Milwaukee Railroad

Michigan Supreme Court

Decided July 7, 1871PublishedCited by 22 opinions

Appeal in Chancery from Wayne Circuit. The bill avers in substance : 1. That on May 24, 1836, Antoine Dequindre, then owner of the Dequindre farm, and tbe Detroit and Pontiac railroad entered into the agreement in writing, set out as Schedule A (a copy of which appears in the opinion). 2. That on April 2, 1836, said railroad company had acquired from the owners of the Witherell farm a right of way, fifty feet wide, along the westerly line of said farm. 3. That on June 11,…

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Appeal in Chancery from Wayne Circuit. The bill avers in substance : 1. That on May 24, 1836, Antoine Dequindre, then owner of the Dequindre farm, and tbe Detroit and Pontiac railroad entered into the agreement in writing, set out as Schedule A (a copy of which appears in the opinion). 2. That on April 2, 1836, said railroad company had acquired from the owners of the Witherell farm a right of way, fifty feet wide, along the westerly line of said farm. 3. That on June 11, 1836, said Dequindre, then being sole owner of the Dequindre farm, made a plat of that part of his farm betv/een Darned…

1Opinion of the CourtOhristiancy, J.

As an abstract of the bill and answer (to which we refer) will accompany the report, we do not deem it necessary to incumber the opinion by their recital here.

It is sufficient to say that it is a bill filed by the city of Detroit, in its corporate capacity, to enforce what is claimed to be the right of the public to a street upon a certain strip of land of forty feet in width, on, and along, the east side of the Dequindre farm, in the city of Detroit, and a strip of equal width on, and along, the west side of the adjoining farm, known as the Witherell farm, and *196extending from the north line…

2Cases cited4 opinions

  1. People v. JonesMichigan Supreme Court · 1858
  2. Green v. Town of CanaanSupreme Court of Connecticut · 1860
  3. Smith v. LockMichigan Supreme Court · 1869
  4. Tillman v. PeopleMichigan Supreme Court · 1864

3Cited by22 opinions

  1. Taylor v. City of Fort WayneIndiana Supreme Court · 1874
  2. Adams v. Iron Cliffs Co.Michigan Supreme Court · 1889
  3. Hayden v. DannenbergSupreme Court of Oklahoma · 1914
  4. Neil v. Independent Realty Co.Supreme Court of Missouri · 1927
  5. Alton v. MeeuwenbergMichigan Supreme Court · 1896

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