Docket No. 12504.

42 Mich. App. 180 (1972)

201 N.W.2d 336


Michigan Court of Appeals.

Decided July 26, 1972.

Attorney(s) appearing for the Case

Hill, Lewis, Adams, Goodrich & Tait (by Richard E. Smoke), and Miller & Enix, for plaintiff.

Law, Buchen, Weathers, Richardson & Dutcher, for defendants-appellants.

Before: R.B. BURNS, P.J., and HOLBROOK and O'HARA, JJ.


The origin of this case is deeply entwined in the historical roots of southwestern Michigan. Judging from the erudition of the briefs and the intensity of oral argument, the genesis of the legal issues is considerably more ancient. They extend, counsel tell us, to the year 1838 when the Rule in Shelley's Case was statutorily abolished in this state.

To understand what was before we were sent scurrying...

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