Legal Opinion

Smith v. Hamilton

Michigan Supreme Court

Decided May 13, 1870PublishedCited by 46 opinions

Case made from Macomb Circuit. Ejectment: Eor a strip of land lying along the east and west quarter line on section ten, in town five north, of ranee twelve east. The title to the east half of the north west quarter was vested in the plaintiff, Smith; and to the east half of the south west quarter in the defendant, Hamilton; the question in controversy being the true location of the boundary line between the parties.

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Case made from Macomb Circuit. Ejectment: Eor a strip of land lying along the east and west quarter line on section ten, in town five north, of ranee twelve east. The title to the east half of the north west quarter was vested in the plaintiff, Smith; and to the east half of the south west quarter in the defendant, Hamilton; the question in controversy being the true location of the boundary line between the parties. The cause was tried by the Circuit Judge, whose finding of facts and conclusions of law are set forth in the record as follows:— “ Before proceeding .to the evidence it was…

1Opinion of the Court

Campbell, Oh. J.

The action of ejectment in this case was brought to recover a small portion of land lying between the true government survey boundary of plaintiff’s lands, and a line settled by agreement a little less than twenty years before the suit was begun. It appears from the finding that in 1845, the adjoining proprietors, being satisfied that the corner post fixed by a previous survey was not correctly placed, employed a surveyor who ran the line for them so as to change the location of one end about six rods; and the parties on both sides immediately set their fences in accordance…

2Cases cited1 opinion

  1. Terry v. . ChandlerNew York Court of Appeals · 1857

3Cited by46 opinions

  1. Diehl v. ZangerMichigan Supreme Court · 1878
  2. Beardsley v. CraneSupreme Court of Minnesota · 1893
  3. Hanlon v. Ten HoveMichigan Supreme Court · 1926
  4. Joyce v. WilliamsMichigan Supreme Court · 1873
  5. Jones v. PashbyMichigan Supreme Court · 1887

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