McConnell v. Rathbun

• Decision Date: 23 June 1881
• Citation: 46 Mich. 303,9 N.W. 426
• Court: Michigan Supreme Court
• Parties: MCCONNELL v. RATHBUN and another.

9 N.W. 426

46 Mich. 303

MCCONNELL v. RATHBUN and another.

Supreme Court of Michigan

June 23, 1881

A "right of way of an alley" inclosed in a deed implies ex vi termini a passage leading away from the land conveyed.All grants must be construed reasonably and in the light of the circumstances.The grantor of a corner lot afterwards deeded an adjoining lot and included "the right of way of an alley 10 feet wide on rear end of said 82 feet," the length of the lots conveyed.Such a passage-way actually existed from the street and the land in the rear of both lots was under the grantor's control.Held, that the easement included in the second deed could not be limited to a mere open space behind the lot, and that the subsequent obstruction of the outlet to the alley by persons holding under the grantor, would be enjoined.

Appeal from Kent.

Wm. D. Fuller, for complainant.

Blair Kingsley & Kleinhaus, for defendants.

COOLEY J.

On the fourteenth day of January, 1846, Amos Rathbun sold and conveyed to William H. McConnell a piece of land in the village--now city--of Grand Rapids, described in the deed as "a part of lot 1, section 7 of of Campau's plat of said village, bounded as follows: Commencing at a point on Monroe street 24 1/2 feet from the corner of Waterloo and Monroe streets; thence along the line of Monroe street to the south-easterly line of said lot 1; thence along said line being at right angles with Monroe street, 82 feet; thence on a line parallel with Monroe street to a point within 24 1/2 feet of Waterloo street, and thence on a line parallel with Waterloo street to the place of beginning; also the right of way of an alley 10 feet wide on rear end of said 82 feet."Rathbun had previously owned the lot 24 1/2 feet by 82 feet on Waterloo street, and conveyed the same to one Winsor, who had erected a building thereon covering the whole, which was known as Faneuil Hall.He also at the time of conveying to McConnell owned the land in the rear of the lots conveyed to Winsor and McConnell.

McConnell after making his purchase, erected two stores which covered the front of his lot and extended back 75 feet.These were soon occupied for mercantile purposes, and have been ever since.For access to the rear of these he used a way then open and in use, in the rear of Faneuil Hall and his own lot from Waterloo street, and assumed that there was a lane or alley there 10 feet in width for the whole...