93 Mich. 590 | Mich. | 1892
This bill is filed to quiet title.
The land in controversy is a strip 4.97 feet in width in •front of, and claimed by complainants to be a part of, lot 66 of section 7 of the Governor and Judges* plan of the city of Detroit. This lot, as platted, is situated on the corner of Barclay Place and John B. street. Complainants derived their title through Hugh Flynn, deceased, who was the husband of Ann Flynn, the other complainants being: the children of Hugh and Ann Flynn. Hugh Flynn derived his title under a deed from Angelica Ohapaton, made March 11, 1846, describing the land as—
“All that part of lot number sixty-six (66) on which there is a frame house, and which was conveyed by Daniel J. Campan to Edgar F. Bandolph in trust for Stewart C. Marsh, John Compton, and John M. Burdsall, by deed dated August 11, 1843.**
At the time the deed was made to Hugh Flynn, in March, 1846, he went into possession, and he and the ■complainants herein have occupied the premises continuously since that time. No question is raised but that the title to lot 66 vested in the complainants through this •chain of title, and that they have continuously occupied the house which is still standing, thereon.
At the time this deed was made the house was standing over, upon the strip of land in controversy about one foot, and still remains there; the balance of the strip being-fenced in by a picket fence commencing at the house, and continuing around the strip to the other side, completely inclosing it, with no opening from the street into it or from the house into it. The city claims the strip to be a part of John B. street, and, making- that claim, the ■complainants, to 'quiet the title, filed this bill.
The act of 1807 provided that the first seven feet of the sidewalk space should be reserved for—
“Erecting porches in the front of houses; for doors of cellars; for an area to allow light to apartments below the level of the ground; for a grass plat or shrubbery; or for other purposes of either utility or ornament, as the inclinations and taste of the proprietor may direct.”
The act of 1815 provided tliat no erections on this space, except porches, should exceed 50 inches in height. It was further provided that—
“Every person placing fencing or paling, not exceeding 50 inches in height, on the front line of the ten [seven] feet, shall also place another fence or paling on the rear line of the said ten [seven] feet, along the line of his lot, of at least equal height, and the said ten [seven] feet shall not be severed from the street.”
It is claimed by the complainants that the use to which the disputed space was put was not within the license of
In People v. Carpenter, 1 Mich. 273, it was held that an iron stairway on the front of a building, and within the limits of the street, was not within the license conferred by these acts.
It is settled in this State that title may be acquired by adverse possession of property within the limits of streets. City of Big Rapids v. Comstock, 65 Mich. 78; Village of Essexville v. Emery, 90 Id. 183. The ordinances of the city of Detroit have for more than 30 years prohibited encroachments upon the public streets, and yet no steps have been taken to compel the removal of this fence until this suit was brought, so far as shown by this record.
It would seem that these facts establish beyond controversy the right of complainants to this land by adverse possession.
The decree will be affirmed, with costs.