Toney v. Knapp
Michigan Supreme Court
Error to Berrien ; Coolidge, J. Trespass quare clausum fregit by George Toney against Ered Knapp. There was judgment for defendant, and plaintiff brings error. This case was tried before the court without a jury, and the following finding of facts and law made: “ In 1859 Wright Buzzard owned 80 acres in section 26, Berrien township. William P. Weed then owned 91 acres directly west of said 80 acres.
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Error to Berrien ; Coolidge, J. Trespass quare clausum fregit by George Toney against Ered Knapp. There was judgment for defendant, and plaintiff brings error. This case was tried before the court without a jury, and the following finding of facts and law made: “ In 1859 Wright Buzzard owned 80 acres in section 26, Berrien township. William P. Weed then owned 91 acres directly west of said 80 acres. Buzzard had no means of going from his farm to the public highway, running north and south'on west side of Weed’s land; and on March 3, 1859, he obtained a written license from Weed, by which the…
1Opinion of the CourtGrant, J.
(after stating the facts). The requisites of an adverse possession sufficient to transfer the title to land from one to another are well understood. .The facts found must clearly show a use nonpermissive and directly, openly, and notoriously hostile to the rights and possession of the original owner. Buzzard in 1859 obtained a license to pass over the land of Weed. It was revocable by notice or by operation of law. No notice was ever given. It is contended that the license was revoked by operation of law. Defendant contends that at the moment of revocation the continued use of the right of…
2Cases cited10 opinions
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- Eyer v. BeckMichigan Supreme Court · 1888
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