Legal Opinion

Foley v. Kleibusch

Michigan Supreme Court

Decided March 27, 1900PublishedCited by 2 opinions

Appeal from Allegan; Padgham, J. Bill by John S. Foley against Matthias Kleibusch and others to restrain the erection of a church upon certain real estate. From a decree dismissing, the bill, complainant appeals.

1Opinion of the CourtMontgomery, C. J.

This is a bill filed by complainant to restrain defendants from constructing, a building on land claimed to be owned by complainant, and from interfering with complainant’s possession. The bill alleges that the complainant is the owner in fee simple of two acres of land in the township of Dorr, Allegan county; that defendants have undertaken to build a building thereon attached to the freehold, although they have been prohibited from doing so by the complainant; that complainant is unable to resist the attempts of the defendants by force, and that the acts of the defendants, unless…

2Cases cited4 opinions

  1. Martin v. McReynoldsMichigan Supreme Court · 1858
  2. Adams v. BradleyMichigan Supreme Court · 1864
  3. Snook v. PearsallMichigan Supreme Court · 1893
  4. Heiss v. VosburgWisconsin Supreme Court · 1884

3Cited by2 opinions

  1. Bennett v. ClarkMichigan Supreme Court · 1914
  2. Engelbert v. FoleyMichigan Supreme Court · 1900

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