Cunning v. Tittabawassee Boom Co.

Cunning brought assumpsit in justice’s court, declaring orally “on all of the common counts, and specially for use and occupation of certain dock and river front, and being on lots 5 and 6,” etc., for 3 years, 2 months, and 20 days, at the rate of $125 per annum, admitting a credit of $250. Defendant pleaded the general issue, and gave notice that the title to lands would come in question, and the case was removed to the circuit court, where plaintiff had judgment, and defendant appeals.

*239The following is a sketch of the situation of the property :

*240Plaintiff was in possession of lots 4, 5, and…