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First National Bank v. Vanden Brooks

169 N.W. 920, 204 Mich. 164, 1918 Mich. LEXIS 662
CourtMichigan Supreme Court
DecidedDecember 27, 1918
DocketDocket No. 6
StatusPublished
Cited by15 cases

This text of 169 N.W. 920 (First National Bank v. Vanden Brooks) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First National Bank v. Vanden Brooks, 169 N.W. 920, 204 Mich. 164, 1918 Mich. LEXIS 662 (Mich. 1918).

Opinion

Stone, J.

The bill of complaint herein was filed to remove a cloud upon plaintiff’s title to lot twelve (12) and the westerly one (1) foot of lot eleven (11) [165]*165in block sixty-seven (67) plat of Lower Saginaw, now Bay City, according to the recorded plat thereof, and for an injunction. The parties are owners of adjoining property and buildings in the business section of said city. The present condition of the buildings is shown by the photograph, Exhibit “M,” which appears in the record and is hereto attached. Prior to the year 1915 the condition of the property was as shown by Exhibit “A,” which also appears in the record and is also hereto attached.

In Exhibit “A,” the building which extends from W to X is known as the “old bank building.” The building which extends from X to a point half way between Y and Z is known as the “Warren” building, it having been built by one Byron E. Warren, although owned by the plaintiff during the period of this litigation. The building which extends east from the Warren building past Z and B to the alley, is known as the “Vanden Brooks building.” Plaintiff’s new bank building shown in Exhibit “M” occupies the space formerly occupied by the old bank building and the Warren building. An entrance doorway, within which is a stairway, is situate between the Warren and Vanden Brooks buildings in Exhibit “A.” The subject-matter of this litigation is that part of the structure occupied by this entrance and stairway (marked Y-Z on said exhibit, and hereafter referred to as “the stairway”). It is the claim of the plaintiff that this stands one-half on the land of each party.

In 1871, and for a number of years thereafter, the Vanden Brooks building was owned by the father of the defendant Vanden Brooks, and the Warren building was owned by Byron E. Warren. The plaintiff has succeeded to the rights of Warren, and defendant to the rights of the elder Vanden Brooks. The buildings were constructed at the same time, probably in 1871. The stairway in dispute, which is the main [168]*168stairway leading from Center avenue to the second floor of the two buildings, has, as is claimed by plaintiff, its center line upon the property line, so that it stands one-half upon the land of each of the parties. It was built jointly by Warren and the elder Vanden Brooks, each paying one-half of the cost. This stairway had always been used in common by the owners and occupants of both of the blocks, and an open hallway at the head of the stairway, leading to the various offices in both blocks had always existed.

[166]*166

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Bluebook (online)
169 N.W. 920, 204 Mich. 164, 1918 Mich. LEXIS 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-v-vanden-brooks-mich-1918.