145 Mich. 432 | Mich. | 1906
The accompanying plat will serve to explain the situation of the parties at the time the controversy now before us arose. Prior to 1882 a road extended east, between sections 1 and 12, to within 80 rods of the east section line, and from thence north to the county line. In 1882 that portion of the road running north and south was discontinued; proceedings to that end being taken
The proofs in the case show title in the complainant as found by the learned circuit judge. It is within the ¿jurisdiction of equity to restrain highway officers from trespassing upon the lands of a private person under the claim that it is a public highway and to try'and quiet his title. Gamber v. Holben, 5 Mich. 334; Lyle v. Lesia, 64 Mich. 18; Neal v. Gilmore, 141 Mich. 519. If this were not so, the record is not in a condition to permit of a dismissal of the bill, on the ground that the proceeding should have .been at law rather than in chancery; the case having been heard upon the merits, and without objection, and without raising that question. Bennett v. Nichols, 12 Mich. 22.
The decree is affirmed, with costs.