Flynn v. Glenny
Michigan Supreme Court
Appeal from Marquette. (Grant, J.) 1NJUNCTION bill. Defendant appeals. If two proprietors ver' bally settle by implied agreement among themselves tbe dividing line of their respective lands and for some time act-accordingly, neither can depart from the arrangement: O'Donnell v. Kelsey 10 N. 3T. 419; especially if they took-such reasonable measures to ascertain and establish the line between their lots that prudent persons would do : Smith v. Hamilton 20 Mich. 433 ; Kellogg…
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Appeal from Marquette. (Grant, J.) 1NJUNCTION bill. Defendant appeals. If two proprietors ver' bally settle by implied agreement among themselves tbe dividing line of their respective lands and for some time act-accordingly, neither can depart from the arrangement: O'Donnell v. Kelsey 10 N. 3T. 419; especially if they took-such reasonable measures to ascertain and establish the line between their lots that prudent persons would do : Smith v. Hamilton 20 Mich. 433 ; Kellogg v. Smith 7 Gush. 379. Monuments control courses and distances, and the question in case of a boundary between lots is not…
1Opinion of the CourtCooley, J.
The bill in this case is filed to quiet the title .of complainant to a small strip of land which defendant is endeavoring to recover from him. The parties own and .occupy adjoining lots in the city of Marquette, and the dispute concerns the location of the boundary line.
It appears that the original plat of the village of Marquette was laid out by the Cleveland Iron Company in the year 1854. It was crossed by Front, Third and Fourth streets running east and west, and by Fisher, Pock, Superior ,and Spring streets crossing the others at right angles. Each' block was divided into lots, which were…
2Cases cited5 opinions
- Diehl v. ZangerMichigan Supreme Court · 1878
- Stewart v. CarletonMichigan Supreme Court · 1875
- Joyce v. WilliamsMichigan Supreme Court · 1873
- Dupont v. StarringMichigan Supreme Court · 1880
- Cronin v. GoreMichigan Supreme Court · 1878
3Cited by21 opinions
- Richwine v. Presbyterian ChurchIndiana Supreme Court · 1893
- Turner v. CreechWashington Supreme Court · 1910
- Dittrich v. UblSupreme Court of Minnesota · 1944
- Jonkers v. Summit TownshipMichigan Court of Appeals · 2008
- Roe v. WalshWashington Supreme Court · 1913
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