Legal Opinion

Smith v. Lock

Michigan Supreme Court

Decided January 11, 1869PublishedCited by 21 opinions

Appeal in Chancery from St. Joseph Circuit. The bill in this cause was filed to enjoin the defendant perpetually from closing up ;a certain street fronting complainant’s premises. The facts are stated in the opinion. The prayer of the bill was -granted. 1. This case comes under the well recognized head of equity jurisdiction.

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Appeal in Chancery from St. Joseph Circuit. The bill in this cause was filed to enjoin the defendant perpetually from closing up ;a certain street fronting complainant’s premises. The facts are stated in the opinion. The prayer of the bill was -granted. 1. This case comes under the well recognized head of equity jurisdiction. Where ' privileges of a public nature,' and yet beneficial to private estates, are secured to proprietors contiguous to places dedicated to public uses, the due enjoyment of them will be protected against encroachments by injunction. — 2 Story’s Eg. Juris. $927; Corning…

1Opinion of the Court

Cooley Ch. J.

It appears by this record that Lock conveyed to Smith a lot in the village of Burr Oak, described as “commencing at the north east corner of the M. S. Railroad depot grounds in the village of Burr Oak, thence south one hundred feet, thence easterly along the line of the company’s ground until it intersects the creek, thence northerly along the line of said creek until it intersects the line of Front street, thence westerly along said line of said street to the place of beginning.”

*60Afterwards, Lock claiming tbat Front street did not extend along tbe front of this lot, sold the land…

2Cited by21 opinions

  1. Kirchen v. RemengaMichigan Supreme Court · 1939
  2. Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1882
  3. Zearing v. RaberIllinois Supreme Court · 1874
  4. White v. SmithMichigan Supreme Court · 1877
  5. Lankin v. TerwilligerOregon Supreme Court · 1892

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