Legal Opinion

Fuller v. Bilz

Michigan Supreme Court

Decided June 6, 1910No. Docket No. 107PublishedCited by 11 opinions

Appeal from Ottawa; Padgham, J. Bill by Frederick W. Fuller against Aloys Bilz and Frederick J. Bertschy for an injunction and to quiet title to certain land. From a decree dismissing the bill, complainant appeals. About the year 1897, defendants caused to be platted a portion of section 16, township 8 N., range 16 W., Ottawa county. The land platted included a part of the southerly and easterly shores of Spring Lake.

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Appeal from Ottawa; Padgham, J. Bill by Frederick W. Fuller against Aloys Bilz and Frederick J. Bertschy for an injunction and to quiet title to certain land. From a decree dismissing the bill, complainant appeals. About the year 1897, defendants caused to be platted a portion of section 16, township 8 N., range 16 W., Ottawa county. The land platted included a part of the southerly and easterly shores of Spring Lake. This plat was not recorded until January 9, 1901. It shows that a driveway or street called “ Beach Drive ” was laid out, 50 feet wide, along the edge of the lake, and within a…

1Opinion of the CourtBrooke, J.

(after stating the facts). It is not claimed by complainant that the defendants or either of them ever made any representations to him or to Dunlop that lot 28 carried with it the title to lot 54. At the time of complainant’s purchase from Tillotson, the plat was of record, clearly showing that lot 28 did not reach at its northern extremity to the margin of the lake. According to the plat, not only the road, but a strip of ground several feet wide north of the road, lies between the northerly boundary of the land he purchased and the water. The description in his deed is “Lot 28,” and a…

2Cases cited4 opinions

  1. Grand Rapids Ice & Coal Co. v. South Grand Rapids Ice & Coal Co.Michigan Supreme Court · 1894
  2. Dickinson v. SeaverMichigan Supreme Court · 1880
  3. Chase v. BoughtonMichigan Supreme Court · 1893
  4. Stebbins v. DeanMichigan Supreme Court · 1890

3Cited by11 opinions

  1. Thies v. HowlandMichigan Supreme Court · 1986
  2. St. Helen Shooting Club v. MogleMichigan Supreme Court · 1926
  3. Jones v. HicksMichigan Supreme Court · 1960
  4. Cochran Timber Co. v. FisherMichigan Supreme Court · 1916
  5. Croucher v. WoosterMichigan Supreme Court · 1935

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