Niva v. Fredrickson
Niva v. Fredrickson
Opinion of the Court
This action of ejectment was tried to the court. The trial judge found plaintiff’s proof of title insufficient. Judgment entered for defendant. .Plaintiff appeals.
The record portrays a typical dispute between adjoining landowners respecting location of a common boundary. The issue is one of fact, exclusively so. Accordingly, our appellate position considered (Jones v. Eastern Michigan Motorbuses, 287 Mich 619; Hayes Construction Co. v. Silverthorn, 343 Mich 421; Barnes v. Bech, 348 Mich 286), the sole question is whether the findings of the trial judge are “against ihe preponderance of the evidence.”
The involved adjacent parcels are rectangular in shape. They extend east and west the long way.
. Both parties claim title through a common grantor, one Nara. Nara deeded lot 13 to plaintiff’s father in May of 1920. Plaintiff claims record title by such deed. Nara deeded lot 14 to defendant within a few •days after having deeded lot 13. The descriptions set forth in the 2 deeds disclose fair intention of the grantor that each parcel front 100 feet on the lake and that the east-west boundaries of the parcels parallel each other.
Plaintiff testified:
“Q. You are familiar with the description on the original deed?
“A. I am fairly familiar.
“Q. And that is 100 feet in width?
“A. All together 100 feet.
“Q. The original description calls for 100 feet of land ?
“A. That’s the general description.
“Q. Was that from Nara to your father?
“A. That’s the way it is recorded.
“Q. As late as 1951 you received that land from the estate of your father, and it also called for that description?
“A. True.
“Q. Are you now contending that you have more than 100 feet there?
“A. Yes, sir.
“Q. On what basis?
“A. The basis of the lay of the land and the present measurements.”
The trial judge, in a carefully considered opinion, reviewed and analyzed the testimony of each witness sworn in the case. His opinion is lengthy. Having compared it with the appendices and designated portions of the transcript, we find no profit for the profession in further or general summary of the
Affirmed. Costs to defendant.
The longitudinal position of the 2 adjacent pareels is not due east-west. However, for ready understanding, we shall refer to the parcels as being laid out, longitudinally, generally from east to west.
Nara’s deed to plaintiff’s father describes lot 13 as follows:
“Commencing from the north boundary line of Lot 12, thence north along the shore of Portage LaTce 100 feet; thence 285 feet from the water line of Portage lake in a northeasterly direction towards the main road; thence 100 feet in a southeasterly direction to the north ■boundary line of said Lot No. 12; thence 285 feet west along the*72 boundary line of said Lot No. 12 down to the shore of Portage lake to the point of beginning.”
Nara’s deed to defendant describes Lot 14 as follows:
“Commencing from the north boundary line of Lot No. 13, thentienorth along the shore of Portage lake 100 feet; thence 285 feet from the water line of Portage lake in a northeasterly direction towards the main road; thenee 100 feet in a southeasterly direction to the north boundary line of said Lot No. 13; thence 285 feet west along the boundary line of said Lot No. 13 down to the shore of Portage lake, to the point of beginning.” (Emphasis supplied.)
Reference
- Full Case Name
- NIVA v. FREDRICKSON
- Status
- Published