Legal Opinion
City of Detroit v. Myers
Michigan Supreme Court
Decided May 26, 1908No. Docket No. 21PublishedCited by 3 opinions
Appeal from Wayne; Brooke, J. Bill by the city of Detroit against George W. Myers, Margaret Myers, Clarence M. Burton, and John C. Goodrich to enjoin an encroachment upon a street. From a decree for complainant, defendants appeal.
1Opinion of the CourtOstrander, J.
In 1885, Hamlin & Brown platteddot 3 of section 57, 10,000 acre tract, Detroit. Lots fronted on Hamlin, now Bethune, avenue, and ran back 120 feet to a strip of land 30 feet wide, marked on the plat “Private Way,” which strip extended from Woodward avenue to Oakland avenue. The dedication of the plat contains the following:
“We do hereby dedicate to the perpetual use of the public, the streets and alleys as shown thereon, * * * excepting the north 30 feet of Custer avenue, which we reserve as a private right of way.”
The lots were conveyed subject to a building restriction which secured the…
2Cases cited4 opinions
- City of Detroit v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1871
- Campau v. City of DetroitMichigan Supreme Court · 1895
- Lever v. GrantMichigan Supreme Court · 1905
- Watz v. SunderlandMichigan Supreme Court · 1907
3Cited by3 opinions
- Padgett v. Young CountyCourt of Appeals of Texas · 1918
- Smith v. State Highway CommissionerMichigan Supreme Court · 1924
- Grand Rapids Township Highway Commissioner v. WalkottenMichigan Supreme Court · 1953