196 Mich. 183 | Mich. | 1917
It is the claim of plaintiffs that the gist of this suit is to have the Vernier road approach into Lake St. Clair, east of the Lake Shore road, or Jefferson avenue, decreed to be a public highway, with full riparian rights to the public. By their amended bill of complaint plaintiffs state that the said Vernier road (so called) within the limits of the village of Grosse Pointe Shores, and for a considerable distance westerly thereof in the township of Grosse Pointe, consists of a strip of land 66 feet in width, taken from the northerly (sometimes called easterly) side of private claim 156, and is a highway passing through said village near the middle thereof, in an easterly and westerly direction, and connects with other highways of Grosse Pointe township, westerly of said village, and extends into Lake St. Clair on the east, crossing the Lake Shore road, known as Jefferson avenue, near the border of the lake; that they are not definitely "informed, but beg leave to discover by what method said Vernier road became a highway, but show that
By her answer the only adult defendant admits the said allegations of the bill, except that she denies that plaintiffs are exercising, or ever did exercise, any authority, supervision, or jurisdiction over that part of said Vernier road, so called, east of the east line of Jefferson avenue, and denies that said Vernier road extends, or ever did extend, east of the east line of Jefferson avenue. She further admits the alleged location and connections of said Vernier road, except that she denies that the same extends into Lake St. Clair on the east, crossing the Lake Shore road, known as Jefferson avenue, near the border of said lake; but, on the contrary, alleges that Vernier road does not extend, and never did extend, east of the east line of said Jefferson avenue. She then states the source of defendants’ title to said parcel of land.
It is conceded in the case that the only premises in dispute is' the short stretch of land east of the east line of Jefferson avenue and extending to the lake; and it may be. said that the primary object of this suit is to establish the extension of Vernier road from the east line of Jefferson avenue to the lake. The case was heard upon the pleadings and the proofs taken in open court, and after argument a final decree was entered, dismissing the plaintiffs’ bill of complaint. The plaintiffs have appealed.
The private claim, on which Vernier road was thus opened, or at least that portion of it here in controversy, remained in the Vernier family until 1906, passing from father to son, and then to the grandson, John Vernier, from whom said defendants’ father purchased. With no beneficial use being made of the land between Jefferson avenue and the lake, and Vernier
A careful perusal and consideration of the record leads us to the conclusion that there has no such user been shown as is required to constitute a highway over the disputed strip of land. The law of the case is well stated in the recent cases of Stickley v. Township of Sodus, 131 Mich. 510, 517 (91 N. W. 745, 59
The decree of the circuit court is therefore; affirmed, with costs of both courts to the defendants.