NICHOLLS v. HEALY

Docket No. 10224.

37 Mich. App. 348 (1971)

194 N.W.2d 727

NICHOLLS v. HEALY

Michigan Court of Appeals.

Decided December 6, 1971.


Attorney(s) appearing for the Case

Wisti & Jaaskelainen, for plaintiffs.

McLean & McCarthy, for defendants.

Before: R.B. BURNS, P.J., and LEVIN and T.M. BURNS, JJ.


R.B. BURNS, P.J.

The basic issue in this case is whether defendants' evidence at trial level was sufficient to extinguish plaintiffs' easement on the theory of adverse possession.

Plaintiffs' five-foot-wide easement was created by a deed and runs over the defendants' property. The trial court eliminated plaintiffs' rights of passage over the easement but preserved their right to construct and maintain a waterline.1

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