F. H. Wolf Brick Co. v. Lonyo
Michigan Supreme Court
Appeal from Wayne; Hosmer, J. Bill by the F. II. Wolf Brick Company against Andrew Lonyo to enjoin the removal of a line fence. From a decree dismissing the bill, complainant appeals. Complainant and defendant own adjoining lands.
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Appeal from Wayne; Hosmer, J. Bill by the F. II. Wolf Brick Company against Andrew Lonyo to enjoin the removal of a line fence. From a decree dismissing the bill, complainant appeals. Complainant and defendant own adjoining lands. The bill of complaint alleges that the line fence between them has been established for more than 20 years; that complainant purchased its land in 1886; that the line fence was then worn out-and broken down in some places, and it erected another fence in place thereof; that such fence*has remained, ever since, and been recognized by the parties as the true line;…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The court did not find that complainant was not in possession, but dismissed the bill upon the sole ground that there was a dispute as to the boundary line, which should be tried in a suit at law. That complainant was in possession on the 17th day of July, when defendant commenced to remove the fence, is clearly established by the evidence. It, being in possession, could not bring an action of ejectment; the defendant could. It was his clear duty to do so, rather than to attempt by force to remove this old fence to the line which he claimed. Wilmarth v. Woodcock,…
2Cases cited11 opinions
- Diehl v. ZangerMichigan Supreme Court · 1878
- Stewart v. CarletonMichigan Supreme Court · 1875
- Wilmarth v. WoodcockMichigan Supreme Court · 1885
- City of Detroit v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1871
- Wilmarth v. WoodcockMichigan Supreme Court · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hanlon v. Ten HoveMichigan Supreme Court · 1926
- Negaunee Iron Co. v. Iron Cliffs Co.Michigan Supreme Court · 1903
- Coffey v. McGaheyMichigan Supreme Court · 1914
- Rhoades v. McNamaraMichigan Supreme Court · 1904
- Acosta v. GinglesSupreme Court of Florida · 1915
14 more not listed; retrieve them via the Exa API.