Legal Opinion

Higginbotham v. Phillips

Michigan Supreme Court

Decided June 1, 1916No. Docket No. 66PublishedCited by 6 opinions

Appeal from Wayne; Hally, J. Bill by William E. Higginbotham and another against Richard Phillips to restrain the removal of a building from complainant’s land. From a decree for complainants, defendant appeals.

1Opinion of the CourtOstrander, J.

The bill is filed to restrain defendant from removing a building from certain land. From the testimony I find the following facts:

The land belongs to complainants, who purchased it in September, 1911. The Detroit Brewing Company is, and for more than ten years has been, lessee of the land, and adjoining land, from the owners. It has a lease from complainants. It had, before complainants purchased the land, sublet some of it, the leases resting in parol, the terms of tenants being from month to month. One Frank Parmenter was such a subtenant, and he erected a one-story building, 16 by 20 feet…

2Cases cited3 opinions

  1. Kerr v. KingsburyMichigan Supreme Court · 1878
  2. Osborn v. PotterMichigan Supreme Court · 1894
  3. Hayward v. School District No. 9Michigan Supreme Court · 1905

3Cited by6 opinions

  1. State ex rel. Hansen Storage Co. v. BoddenWisconsin Supreme Court · 1917
  2. Waverly Park Amusement Co. v. Michigan United Traction Co.Michigan Supreme Court · 1917
  3. Biallas v. MarchMichigan Supreme Court · 1943
  4. Smith v. HegartyMichigan Supreme Court · 1944
  5. Cameron v. Oakland County Gas & Oil Co.Michigan Supreme Court · 1936

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API