Simmons v. Day
Michigan Supreme Court
Appeal from Van Burén; Des Voignes, J. Bill by Leander Simmons against Byron G. Day to restrain the cutting of certain timber, to quiet title, and for an. accounting. From a decree dismissing the bill, complainant appeals. In his bill, complainant avers ownership and, since the date of his deed in 1863, continued occupancy of land described as the southeast fractional quarter of section three in Pine Grove township, Yan Burén county.
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Appeal from Van Burén; Des Voignes, J. Bill by Leander Simmons against Byron G. Day to restrain the cutting of certain timber, to quiet title, and for an. accounting. From a decree dismissing the bill, complainant appeals. In his bill, complainant avers ownership and, since the date of his deed in 1863, continued occupancy of land described as the southeast fractional quarter of section three in Pine Grove township, Yan Burén county. He charges that defendant, in October, 1906, purchased adjoining land, and on January 22, 1907, began cutting and carrying away pine timber from the said land of…
1Opinion of the CourtOstrander, J.
(after stating the facts). In asserting equitable jurisdiction, complainant claims to have brought his case, by the averments in his bill, within the rule of Campbell v. Kent Circuit Judge, 111 Mich. 575; *4Brassington v. Waldron, 143 Mich. 364, and the cases cited in the opinions delivered in those cases. In both of those cases, the court was asked to find that a boundary-line between properties had been established and to restrain threatened trespasses, likely to result in irreparable injury, pending the determination of the principal issue. Unlike the instant case, however, the question of…
2Cases cited3 opinions
- Campbell v. Kent Circuit JudgeMichigan Supreme Court · 1897
- Dolan v. SmithMichigan Supreme Court · 1907
- Brassington v. WaldronMichigan Supreme Court · 1906
3Cited by3 opinions
- Lamberton v. PawloskiMichigan Supreme Court · 1929
- Nicholls v. Boyne City Lumber Co.Michigan Supreme Court · 1909
- Miscotten v. HellenthalMichigan Supreme Court · 1910