Triece v. City of South Haven
Triece v. City of South Haven
Opinion of the Court
Complainants, husband and wife, tenants by the entireties, owned two lots in the city of South Haven, and filed their bill of complaint against defendant municipal corporation to restrain its officers and agents from interfering with and disturbing the sidewalk in •front of said lots, and from moving the same in and upon said lots as they without authority were threatening and undertaking to do; complainants claiming that the cement sidewalk as laid was upon the true line of said lot, and also that they and their grantors had occupied to said line, claiming title thereto, since 1858. After suit was brought Martha J. Triece died. This was suggested upon the record, and the suit proceeded on behalf of complainant as survivor and sole owner of the premises. On filing the bill of complaint, a temporary injunction issued. Defendant answered, admitting that it claimed that the north boundary line of Huron street was about four feet farther north than is claimed by complainant, and that the council passed a resolution requiring the said sidewalk to be removed and placed upon the legal line, insisting that complainants are encroaching upon the street, and also admitted that it intended to compel complainants to put the sidewalk upon the true line as claimed by the city. Issue was joined, and a hearing had upon the merits. The court granted the prayer of the bill, and made the injunction permanent.
The other questions raised as to the sufficiency .of the proofs need not be discussed. The evidence in the case supports the decree granted.
Defendant insists that the bill if complaint is not sufficient to warrant a decree quieting title because not prayed for. There was a prayer for general relief, and the relief granted is not repugnant to that prayed for. The decree does not prohibit the defendant from taking any proper step to acquire title under and by reason of its right of eminent domain; but it does fix the line of these
The decree of the circuit court is affirmed, with costs.
Reference
- Full Case Name
- TRIECE v. CITY OF SOUTH HAVEN
- Cited By
- 1 case
- Status
- Published