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STATE HIGHWAY COM'R v. SIMMONS

Docket Nos. 60-68, Calendar Nos. 47,341-47,349.

353 Mich. 432 (1958)

91 N.W.2d 819

STATE HIGHWAY COMMISSIONER v. SIMMONS. SAME v. LEVIN. SAME v. MUIR. SAME v. LOUGHRIN. SAME v. CARNEGIE.

Supreme Court of Michigan.

Rehearing denied October 13, 1958.

Attorney(s) appearing for the Case

Paul L. Adams, Attorney General, Samuel J. Torina, Solicitor General, Ernest O. Zirkalos and Daniel J. O'Hara, Assistants Attorney General, for plaintiff.

Meyer R. Rubin, for defendants Simmons, Levin, Muir and Loughrin.

Meyer R. Rubin (Daniel Hodgman, of counsel), for defendants Carnegie.

VOELKER, J.

Dates are important in this case and there is no lack of them. Prior to June 29, 1940, William G. Gilmore and wife were the owners of all of the lands involved in the various consolidated causes herein, subject to a trust mortgage dated June 25, 1926, and recorded July 2, 1926. The lands adjoined Telegraph Road (US-24) in Dearborn township and were unimproved.

On June 29, 1940, Gilmore and his wife executed...

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