Draper v. Williams
Michigan Supreme Court
©ase .reserved from the Oakland Circuit. The two plaintiffs were tenants in common of certain premises in Oakland county. One of them conveyed to the defendant, for the use of the Detroit and Pontiac Railroad, the undivided half of the right of way over the common estate. The defendant having entered upon the premises in which such interest had been granted, an action was brought in the name of both tenants, for trespass upon the common close.
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©ase .reserved from the Oakland Circuit. The two plaintiffs were tenants in common of certain premises in Oakland county. One of them conveyed to the defendant, for the use of the Detroit and Pontiac Railroad, the undivided half of the right of way over the common estate. The defendant having entered upon the premises in which such interest had been granted, an action was brought in the name of both tenants, for trespass upon the common close. The Court proforma instructed the jury that the deed by the one tenant in common, was void,-and on this instruction a verdict was rendered for…
1Opinion of the Court
By the Court, Martin, J.
Under the charter of the Detroit and Pontiac Railroad Company, for the use of which, the premises in question were apjuopriated, the corporators were invested with all the prmleges, rights, and powers, necessary for the location, construction, and keeping in repair such railroad, &c., not exceeding-100 feet in width, and were authorized to enter upon, use, and'excavate any land which might be wanted for the site of such railroad, or any other purpose which should be necessary in the construction-or repair of such road, and its works, so soon as the amount of damages…
2Cited by2 opinions
- Achey v. HullMichigan Supreme Court · 1859
- Platt v. BrightNew Jersey Court of Chancery · 1879