Watz v. Sunderland
Michigan Supreme Court
Error to Lapeer; Smith, J. Trespass under 2 Comp. Laws, §§ 4122-41-26, by Christian Watz, highway commissioner of Mayfield township, against William J. Sunderland. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.
1Opinion of the CourtCarpenter, J.
In 1888 proceedings were taken to lay out a highway between sections 5 and 8, in the township of Mayfield, Lapeer county. Those proceedings were jurisdictionally defective. The public, however, commenced using this highway and has continued to use it to the present time. The traveled portion of said highway was situated upon section 8. In 1888 one Dell Brown owned the land on both sides of said section line. In 1891 Brown sold to defendant the land in section 5 on the north side of said section line. In 1892 and 1893 defendant built a house and inclosed his land by a fence, which has ever…
2Cases cited2 opinions
- Groesbeck v. SeeleyMichigan Supreme Court · 1865
- O'Connor v. CarpenterMichigan Supreme Court · 1906
3Cited by2 opinions
- Smith v. State Highway CommissionerMichigan Supreme Court · 1924
- City of Detroit v. MyersMichigan Supreme Court · 1908