Detroit United Railway v. Smith
Michigan Supreme Court
Appeal from Oakland; Smith, J. Bill by the Detroit United Railway against Dennis Smith, Alice Smith, Elizabeth Axford, and others, for the specific performance of a land contract, and to restrain the prosecution of actions at law. From a decree for complainant, defendants Smith and Axford appeal.
1Opinion of the CourtMontgomery, J.
This is a bill filed for specific performance. Saron Beardslee was in his lifetime the owner of a farm in Oakland county, through which ran a highway known as the Old Territorial Road. The complainant’s predecessor, the Detroit, Rochester, Romeo & Lake Orion Railway, contemplated the construction of an electric railway following the line of the highway, but, desiring to build on private right of way, sought a right of way from occupants extending three rods westerly from the center line of said highway.
On the 13th of August, 1899, Saron Beardslee conveyed to complainant’s predecessor such a…
2Cases cited5 opinions
- Bigler v. BakerNebraska Supreme Court · 1894
- Welch v. WhelpleyMichigan Supreme Court · 1886
- Detroit National Bank v. BlodgettMichigan Supreme Court · 1897
- Burt v. MasonMichigan Supreme Court · 1893
- Maier v. Wayne Circuit JudgeMichigan Supreme Court · 1897
3Cited by4 opinions
- Madugula v. TaubMichigan Supreme Court · 2014
- Multiplex Concrete MacHinery Co. v. SaxerMichigan Supreme Court · 1945
- Longe v. KinneyMichigan Supreme Court · 1912
- McCain v. SmithMichigan Supreme Court · 1912