Opinion
Docket No. 5,015.
Decided June 23, 1969. Rehearing denied August 1, 1969.
Appeal from Baraga, Stephen D. Condon, J. Submitted Division 3 May 5, 1969, at Marquette. (Docket No. 5,015.) Decided June 23, 1969. Rehearing denied August 1, 1969.
Complaint by Joseph Ross against Ralph A. MacMullan, director of the Michigan Department of Conservation, to determine ownership of certain property and to enjoin the felling of trees and other construction work by defendant on the property in dispute. Judgment for plaintiff. Defendant appeals. Affirmed.
Wisti, Jaaskelainen Bourland, for plaintiff.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Nicholas V. Olds and Warren R. Snyder, Assistant Attorneys General, for defendant.
BEFORE: J.H. GILLIS, P.J., and R.B. BURNS and V.J. BRENNAN, JJ.
This case involves a dispute over ownership of a strip of land approximately 73 feet in width lying between adjacent landowners.
The trial court made a finding of fact after hearing testimony from surveyors representing both parties that plaintiff had sustained his burden of proof as to the correct boundary line established by blazed trees and public recognition. Where the boundary line between quarter sections of land has gone unquestioned for a long time it ought not to be disturbed upon a mere disagreement between surveyors. Case v. Trapp (1882), 49 Mich. 59; Daley v. Gruber (1960), 361 Mich. 358.
The findings of fact made by the trial court are not clearly erroneous and will not be set aside by this Court. GCR 1963, 517.1.
Affirmed. No costs, a public question being involved.