Field v. Village of Manchester

• Decision Date: 18 June 1875
• Citation: 32 Mich. 279
• Court: Michigan Supreme Court
• Parties: John Field v. The Village of Manchester and others

32 Mich. 279

John Field v. The Village of Manchester and others

Supreme Court of Michigan

June 18, 1875

Submitted on Briefs, June 10, 1875

Appeal in chancery from Washtenaw Circuit.

This is a bill to have certain premises, occupied for fifteen years past by complainant, and embraced within the limits of a street as laid out on a recorded plat of the village of Manchester, decreed to be free and clear of all encumbrance by reason of said platted street, for want of acceptance by the public of the offer of dedication tendered by such plat and to restrain the corporate authorities of the village from opening any street through said premises without first taking legal proceedings to condemn said lands. The decree below granted the relief prayed, and the defendants appealed.

Decree of the court affirmed, with costs.

Hiram J. Beakes, for complainant.

D Johnson, for defendants.

OPINION

Marston, J.:

In 1837 the village of Manchester was platted: Wolverine street, as appears from this plat, was laid out between blocks forty-five and forty-six, and forty-eight and forty-nine, but did not extend beyond these last blocks. In November, 1848 complainant became the owner of an undivided one-half interest in block forty-nine, and in 1854 became sole owner of the same. In May, 1852, he purchased lot five in block forty-eight, thereby becoming owner in fee of those parcels of land. Complainant took possession of these lands upon acquiring title to the same, and in 1852 he erected a dwelling house upon lot five. He also erected a fence around this property, throwing it all into one enclosure, thus fencing in that portion over which the street was laid out. He planted apple and other fruit trees upon this portion, and used it as a garden and fruit-yard in connection with his residence upon lot five. He erected a barn and used all this property as though no street had ever been laid out, and no question was raised during all this time and until October, 1867, when the committee on streets reported to the common council of Manchester that the portion of Wolverine street then enclosed and occupied by John Field be opened as soon as practicable. This report was accepted, and the marshal was by the common council directed to serve notice upon the parties occupying said street, and cause the same to be opened. Further action was taken by the village authorities afterwards, but it is unnecessary to refer to the same. From this statement and from the facts in ...