Fuller v. Swensberg
Michigan Supreme Court
Appeal from Kent; Adsit, J. Bill for partition by Philo C. Fuller and another against Conrad G. Swensberg and others. From a decree dismissing the bill as to a part of the lands, complainants appeal.
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Appeal from Kent; Adsit, J. Bill for partition by Philo C. Fuller and another against Conrad G. Swensberg and others. From a decree dismissing the bill as to a part of the lands, complainants appeal. Ouster, as against a cotenant, must be shown by acts which amount to a disavowal of the relation of cotenancy; and the usurping possession must be so adverse in its character, so open, notorious, continuous, exclusive, visible, and distinct, as to convey notice of an intention to acguire title as against him. Dubois v. Campau, 28 Mich. 315; Campau v. Campau, 44 Mich. 34, 45 Mich. 368; Highstone…
1Opinion of the CourtMcGrath, C. J.
This is a bill, filed in 1891, for partition of two portions of mill lot D in the city of Grand Rapids. The following sketch of a part of the Kent plat will aid in an understanding of the situation:
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The westerly terminus of Bridge street, as dedicated, was Canal street. The “Bridge Street' Bridge,” so called, was constructed in 1852 by a private corporation. Its approach was upon lot D, under a lease from the owners of that lot. The grant was of a parcel 66 feet in width, but the bridge itself was from 33 to 38 feet in width. The city afterwards acquired all interest in the bridge. In 1872 or…
2Cases cited12 opinions
- Campau v. CampauMichigan Supreme Court · 1880
- Sands v. DavisMichigan Supreme Court · 1879
- Fenton v. MillerMichigan Supreme Court · 1892
- Cook v. ClintonMichigan Supreme Court · 1887
- Dubois v. CampauMichigan Supreme Court · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Pellow v. Arctic Iron Co.Michigan Supreme Court · 1910
- Thompson v. OdomSupreme Court of Alabama · 1966
- International Land Co. v. SmithSupreme Court of Oklahoma · 1924
- Hurie v. QuiggSupreme Court of Oklahoma · 1926
- Fitschen Bros. Commercial Co. v. Noyes' EstateMontana Supreme Court · 1926
11 more not listed; retrieve them via the Exa API.