Lemerand v. Flint & Pere Marquette Railroad
Michigan Supreme Court
Error to Monroe; Kinne, J. Case by James Lemerand against the Flint & Pere Marquette Railroad Company and the Monroe & Toledo Railroad Company for depriving plaintiff, by a forcible entry, of the value of alleged betterments. From a judgment for defendants, plaintiff brings error.
1Opinion of the CourtMoore, J.
An examination of the accompanying plat will aid in understanding the situation. In 1873 about 36
acres of land was owned by Mr. La Fountain and Mrs. Toll as tenants in common. This land was divided into two nearly equal parts by Elm avenue, which runs nearly east and west. In April, 1873, William L. Webber, as trustee for the Flint & Pere Marquette Railroad Company, purchased the west 33 feet of that part of the tract lying north of Elm avenue. Mr. Webber’s deed was recorded in May, and contained this provision: “That, if the same shall ever be occupied for the running and operation of a…
2Cases cited6 opinions
- Claussen v. RayburnSupreme Court of Iowa · 1862
- Brown v. StormSupreme Court of Vermont · 1831
- Webster v. StewartSupreme Court of Iowa · 1858
- Linthicum v. ThomasCourt of Appeals of Maryland · 1883
- Burkle v. Circuit JudgeMichigan Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hardy v. BurroughsMichigan Supreme Court · 1930
- Lindt v. UihleinSupreme Court of Iowa · 1902
- Brewer v. Folsom Bros. Co.Wyoming Supreme Court · 1931
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- Cleland v. ClarkMichigan Supreme Court · 1900