Lang v. Salliotte

• Decision Date: 20 February 1890
• Citation: 79 Mich. 505,44 N.W. 938
• Court: Michigan Supreme Court
• Parties: LANG v. SALLIOTTE et al.

44 N.W. 938

79 Mich. 505

LANG v. SALLIOTTE et al.

Supreme Court of Michigan

February 20, 1890

Error to circuit court, Wayne county CORNELIUS J. REILLY, Judge.

Powell & Dorland, for appellant.

Stewart & Galloway, for appellees.

MORSE J.

March 2, 1887, the plaintiff entered into an agreement in writing with defendants to settle their difficulties as to whether a certain fence between them, and then marking the boundary line, was in its proper position; the defendants claiming, as set forth in the agreement to arbitrate, that the fence stands in its proper place to mark the boundary line, and the plaintiff claiming that said fence is "considerably west of its proper location." The writing states further "It is hereby agreed, by and between said party of the first part, (Lang,) and the said parties of the second part (Salliotte and Drouillard,) to submit the determination of the boundary between the premises of the said party of the first part and those of said parties of the second part under the statutes in such cases made and provided (being chapter 292 of Howell's Compilation) to two arbitrators," giving the two selected, Frederick W. Kurth and Charles C. Stewart, the right to call in a third person if they failed to agree. The parties also covenanted not to sue each other, or allow any suit to be brought concerning this boundary line, and that they would each faithfully obey and carry out the decision of the said arbitrators, and that, if either party failed to do this, the other could compel him to do so in the Wayne circuit court. The two arbitrators met, the matter was submitted to them, and they made a written finding and determination March 30, 1887, which on the 18th day of April, same year, was filed with the clerk of the Wayne circuit court, and notice of such filing duly served upon Lang. Lang thereupon moved the circuit court to set the award aside, on the ground that the arbitrators had exceeded their powers. This motion was denied, and judgment entered upon such award in favor of the defendants. Plaintiff comes here upon writ of error. The arbitrators decided that "the fence, as it now stands, marks the proper boundary between the lands of the said Jacob Lang, party of the first part, and those of the said Moses Salliotte and Joseph Drouillard, parties of the second part, and that the fence in the rear shall be built on the line indicated by the fence now standing between the lands of said first party, and those of said parties of the second part in front." But it appears from their own award that they arrived at this decision by examining into the title of the parties to the land, and by determining that the deed of Lang was wrong in its description, and should be corrected. They found- First. That the deeds under which Lang occupied and held his land did, in terms, convey to him 108 feet beyond the fence mentioned in the submission. Second. That Lang's grantor did not own...