White v. Hapeman
Michigan Supreme Court
Error to Kent. Ejectment. Plaintiff brings error. Possession, in order to settle a disputed boundary, must have been adverse, Chapman v. Crooks 41 Mich. 595; and must be shown to have been so for twenty years, Yelverton v. Steele 40 Mich. 538 ^permissive enjoyment of, a privilege does not establish adverse' user, Chestnut Hill etc. Co. v. Piper 77 .Penn. St. 432; Sargent v. Ballard 9 Pick. 251; Parker v. Foote 19 Wend. 309; 1 Washb.
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Error to Kent. Ejectment. Plaintiff brings error. Possession, in order to settle a disputed boundary, must have been adverse, Chapman v. Crooks 41 Mich. 595; and must be shown to have been so for twenty years, Yelverton v. Steele 40 Mich. 538 ^permissive enjoyment of, a privilege does not establish adverse' user, Chestnut Hill etc. Co. v. Piper 77 .Penn. St. 432; Sargent v. Ballard 9 Pick. 251; Parker v. Foote 19 Wend. 309; 1 Washb. R. P. (3d ed.) 299; an oral agreement by an adjacent proprietor to put up a partition fence on his side of the line is void by the statute of frauds, Tyler on…
1Opinion of the CourtCooley, J.
This action is ejectment for land described in the declaration as “a portion of a strip of land ten rods wide off from the west side of the southeast quarter of the southwest quarter of section 35,” in the township of Grattan. Neither the width nor the length of this strip is given, nor anything else whereby it may be identified and possession given in case the plaintiff should recover. The declaration is therefore fatally defective and no judgment for the plaintiff could be given upon it.
As however the merits of the controversy between the parties have been fully examined in this case, and…
2Cases cited1 opinion
- Hayes v. LivingstonMichigan Supreme Court · 1876
3Cited by6 opinions
- Township of Pontiac v. FeatherstoneMichigan Supreme Court · 1947
- Day v. WaldenMichigan Supreme Court · 1881
- Pugh v. SchindlerMichigan Supreme Court · 1901
- Ford v. BaileyMichigan Supreme Court · 1919
- People v. DraperNew York Supreme Court · 1882
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