Legal Opinion

Miller v. Shumway

Michigan Supreme Court

Decided February 16, 1904No. Docket No. 41PublishedCited by 3 opinions

Error to Clinton; Stone, J. Ejectmerit by John Peter Miller against David H. Shumway. From a judgment for plaintiff, defendant brings error.

1Opinion of the CourtCarpenter, J.

Plaintiff owns the east half of the west half of the northeast quarter of section 18, in the township of Dallas, Clinton county. Defendant owns the land adjoining him on the east. The boundary line which separates their land is disputed. Plaintiff brings this ejectment suit to recover the possession of a strip of land about nine feet in width. The disputed strip is separated from the land occupied by plaintiff by a line fence built about 30 years ago, and has been in defendant’s possession since that time. The testimony of the plaintiff tends to prove that this fence is not on the true line;…

2Cases cited4 opinions

  1. Whitaker v. Erie Shooting ClubMichigan Supreme Court · 1894
  2. Sparrow v. HoveyMichigan Supreme Court · 1880
  3. Chambers v. HillMichigan Supreme Court · 1876
  4. Pugh v. SchindlerMichigan Supreme Court · 1901

3Cited by3 opinions

  1. Pruner v. Detroit United RailwayMichigan Supreme Court · 1912
  2. Stuart v. HoltMichigan Supreme Court · 1911
  3. Hammond v. PorterMichigan Supreme Court · 1907

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