Breakey v. Woolsey
Michigan Supreme Court
Appeal from Calhoun; North, J. Bill by Julia E. Breakey against George S. Woolsey and Phoebe J. Woolsey to determine'the boundary line of certain real estate. From a decree for defendants, complainant appeals. Laura A. Lynn in 1901 was the owner of the west half of lots Nos. 2 and 3, of block No. 44, in Hurd’s addition to the city of Marshall.
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Appeal from Calhoun; North, J. Bill by Julia E. Breakey against George S. Woolsey and Phoebe J. Woolsey to determine'the boundary line of certain real estate. From a decree for defendants, complainant appeals. Laura A. Lynn in 1901 was the owner of the west half of lots Nos. 2 and 3, of block No. 44, in Hurd’s addition to the city of Marshall. She purchased them in 1888. There were at that time well defined fences along the westerly and northerly sides of said property, portions of which were in existence when this suit was launched December 21, 1905. In 1901 Mrs. Lynn sold to the defendant…
1Opinion of the Court
Grant, L
(after stating the facts). It is the contention of the learned counsel for the complainant that the deeds were made with reference to the original plat and monuments, and they must control. If the location of the original monuments and stakes was conclusively established, there would be some force in this contention. But the judge expressly finds that it was not, and that, in the absence of such location,'the fences and other monuments, erected and established about that time, and ever since recognized, are better evidence of the actual location of the lot lines than are surveys based…
2Cases cited5 opinions
- Flynn v. GlennyMichigan Supreme Court · 1883
- F. H. Wolf Brick Co. v. LonyoMichigan Supreme Court · 1903
- Brown v. BowermanMichigan Supreme Court · 1903
- Carpenter v. MonksMichigan Supreme Court · 1890
- Manistee Manufacturing Co. v. CogswellMichigan Supreme Court · 1895
3Cited by4 opinions
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- Gregory v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1936
- Pere Marquette Railway Co. v. Tower Motor Truck Co.Michigan Supreme Court · 1923
- Veltmans v. KurtzMichigan Supreme Court · 1911