Home/Michigan Supreme Court/Matthews v. McLouth

Matthews v. McLouth

205 N.W. 580, 232 Mich. 468, 1925 Mich. LEXIS 877
CourtMichigan Supreme Court
DecidedOctober 27, 1925
DocketDocket No. 119.
StatusPublished
Cited by1 cases

This text of 205 N.W. 580 (Matthews v. McLouth) 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
Matthews v. McLouth, 205 N.W. 580, 232 Mich. 468, 1925 Mich. LEXIS 877 (Mich. 1925).

Opinion

*469 Bird, J.

Plaintiff alleges in his bill that defendants are committing repeated trespasses on his land by removing sand and gravel therefrom under a claim of right. He seeks a decree which will quiet his title. He also seeks a permanent injunction to restrain the removing of sand and gravel, and an accounting for such sand and gravel as may have been wrongfully removed. The defendants’ answer denies the several trespasses charged and claims title to the land in question. After a hearing the trial court granted the relief prayed by plaintiff and defendants have appealed.

The land which is in dispute is situated on the north end of Dickinson island, Clay township, St. Clair county, and is known as a part of St. Clair Flats. The premises in question were formerly the Cartwright tract or Cartwright island, and are situated on the north end of Dickinson island. It is the contention of plaintiff that the Cartwright tract started at a certain point in the Middle Channel marked by a post and ran thence north 74 degrees west to the waters on the opposite side of the island, called the “Sny Borau.” Defendants contend that the post was situate 30 rods north of the point fixed by plaintiff, and ran in a northwesterly course and terminated on the North Channel. A map made from the MeNeff survey introduced by plaintiff will help to show the respective contentions.

Plaintiff contends that his line extends from X to X, while the defendant insists that plaintiff’s line extends only from A to B. The shore line west of A is the land in dispute. If the starting post on the Middle Channel is situate where plaintiff places it and the line is projected north 74 degrees west, the line would reach the Sny Borau channel, and plaintiff would have title to the entire north end of the island. On the other hand, if the starting post be 30 rods

*470

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Related

Klais v. Danowski
129 N.W.2d 414 (Michigan Supreme Court, 1964)

Cite This Page — Counsel Stack

Bluebook (online)
205 N.W. 580, 232 Mich. 468, 1925 Mich. LEXIS 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthews-v-mclouth-mich-1925.