Legal Opinion

Newcomb v. Love

Michigan Supreme Court

Decided March 17, 1897PublishedCited by 5 opinions

Error to Grand Traverse; Corbett, J. Trespass guare clausum fregit by Henry. C. Newcomb against Isaac Love and Abram Love. From a judgment for plaintiff, defendants bring error.

1Opinion of the CourtMoore, J.

The farm of the defendant Isaac Love is north of and adjoining the farm of the plaintiff. No formal survey had been made of the division line until May, 1892; though years ago Mr. Love ran a line, and set a stone, which was called a “corner stone,” and a fence, which was treated as the line fence, had existed for a number of years. In 1892, Mr. Tuller was employed by Mr. Newcomb, Mr. Love, and others, to make a survey of the line between the farms. There was a discrepancy between the government plat and the field notes. The parties agreed in writing that the surveyor might make the survey…

2Cases cited3 opinions

  1. Miller v. WellmanMichigan Supreme Court · 1889
  2. Wood v. Michigan Air Line RailroadMichigan Supreme Court · 1892
  3. Kinney v. FergusonMichigan Supreme Court · 1894

3Cited by5 opinions

  1. Tittiger v. JohnsonMichigan Court of Appeals · 1981
  2. Moore v. PearMichigan Supreme Court · 1902
  3. Ben Joseph Burkhart Trust v. Daniel CramerMichigan Court of Appeals · 2017
  4. Ben Joseph Burkhart Trust v. Daniel CramerMichigan Court of Appeals · 2017
  5. Donaldson v. CraneMichigan Supreme Court · 1899

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