Sokel v. Nickoli

Appellants’ original chancery action resulted in a determination that an encroachment existed and decree was entered to the effect that appellants deed to appellees the 4.65 feet in dispute and appellees pay appellants $450 therefor. Our Court reversed the trial court and ordered the encroachment removed and remanded the case for the purpose of determining damages. See Sohel v. Nickoli, 347 Mich 146.

Previous to trial to determine damages, appellees removed the encroachment by dismantling part of their brick garage.

The court denied appellants a jury trial and, after hearing testimony and…