Sinclair v. Comstock
Michigan Court of Chancery
Motion to dissolve injunction on bill and answer. The bill of complaint alleges that the plan or plat of the village of Adrian was laid out in 1827-8 by Addison J. Comstock, one of the defendants, who was the owner of the lands constituting the same. The plat of said village was duly recorded in the Register’s office as required by the statute. On the plat lot number 14, was given by the proprietor to the county of Lenawee, for a court house and jail.
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Motion to dissolve injunction on bill and answer. The bill of complaint alleges that the plan or plat of the village of Adrian was laid out in 1827-8 by Addison J. Comstock, one of the defendants, who was the owner of the lands constituting the same. The plat of said village was duly recorded in the Register’s office as required by the statute. On the plat lot number 14, was given by the proprietor to the county of Lenawee, for a court house and jail. At the time the village of Adrian was laid out, the county seat of said county was at Tecumseh ; and it was the intention of the proprietor…
1Opinion of the Court
The Chancellor.
There is no doubt that when the proprietors of a village or town have dedicated lots for streets or for a public square, and have sold lots with reference to such plan, they cannot resume and exercise rights of ownership over them, which will deprive their grantees of any privilege which they might derive from having such streets or sqares left open.
But in every such case the dedication for the purpose claimed must be made clearly apparent. The lot in question was granted to the county of Lenawee for the purpose of a site for a court house and jail. The original dedication…
2Cited by2 opinions
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