Menter v. First Baptist Church
Michigan Supreme Court
Appeal from Eaton; Smith, J. Bill by Melissa C. Menter against the First Baptist Church of Eaton Rapids to establish an easement by prescription. From a decree dismissing the bill, complainant appeals. The object of the bill of complaint in this case is to establish an easement, a private right of way, over the land of the defendant to the adjoining land of the complainant. The case was heard upon pleadings and proofs taken in open court.
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Appeal from Eaton; Smith, J. Bill by Melissa C. Menter against the First Baptist Church of Eaton Rapids to establish an easement by prescription. From a decree dismissing the bill, complainant appeals. The object of the bill of complaint in this case is to establish an easement, a private right of way, over the land of the defendant to the adjoining land of the complainant. The case was heard upon pleadings and proofs taken in open court. The judge viewed the premises and dismissed the bill. Complainant owns lot 4 of the village of Eaton Rapids, extending from Dexter Road upon the south to…
1Opinion of the CourtGrant, J.
(after stating the facts). The judge filed a written opinion holding that whatever use was made of defendant’s land by Dr. Wilkins or complainant was a permissive one. He also found that “there is not the least proof that it was founded, or ever has been, on any claim of right to so use it.” Passing over this land to complainant’s lot was very infrequent, and was not by her, but by those from whom she occasionally bought merchandise for her own use. Such driving over the carriageway made and used by defendant did not tend to show an exclusive claim or right in her. The most that can be…
2Cases cited4 opinions
- Andries v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1895
- Ann Arbor Fruit & Vinegar Co. v. Ann Arbor RailroadMichigan Supreme Court · 1904
- Dummer v. United States Gypsum Co.Michigan Supreme Court · 1908
- Chicago, Burlington & Quincy Railroad v. JohnsonIllinois Supreme Court · 1903
3Cited by11 opinions
- Township of Jasper v. MartinMichigan Supreme Court · 1910
- King v. Battle Creek Box Co.Michigan Supreme Court · 1926
- Whitehall Leather Co. v. CapekMichigan Court of Appeals · 1966
- McCracken v. MacNealMichigan Supreme Court · 1912
- Myers v. SpencerMichigan Supreme Court · 1947
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