Telegram-herald., 1890-07-30

~ * 4cf z & s8es 4-s4 SO 49, -
81 TO ol Der da4gnterss fhe.r eeHefseis -
Possession - a. sHaeFsalp - tss-Ais'
sst Ia sbs sRElrs p~seel. and t-sir gsss- 49, I
= aasss 90 81 tie snE.rs p4rcsi. Ese @l'si'e
i.fseI Co tAelr es-teAsnfs r.xDts De-I~ II
Uasr.sslaa IS t.aa1rs - eol3-4sl- = = -
eats - protect TIE Figets ~ fhr stHet ~<s
aifs. - 1fsasf4use J9 see tAat ts1ss 81 -
-ssa.sats 4rs aald- Ig aas been ae'a la~t 2
tzuaas Ia dsaer. IN actual gossa.sis-. - -
e4aer aiIhla TIE meaDlls ~ = ga -et tfesA
si94 requiring asners ~ lots 80 -@i-4 SO
waizsi in fron1 tasresf.- ~ ate - MAJ q. s-s'.
zad ssana. Iean-l. -
Paoylded tbat a. 81 Eae aye teaants IN con
m8a. resided la Ihs clgs. Is wegld oe Necessary
ia orlsr raal the ave huadrea feet sno1ia e
c0aate1 in faFor ef TIE improvement. eaeA
- aela "a the case Of Aulisaa - smith, 5stn.
ca. p - at nAzs -. wherein TIE court 1ses
the following lanz14ges being the common
property 81 al. 0Be ol the lelHI 0saSrs ~ ten
auts ia e0mm0n can not a. any act ID bcsiil-
I ify % the common Etles he can not b
I MS aeg alone. attempt - iacun5er or
ehsrge the estate 0f his eo-tenants. II be
sgas petition for the oPening Of q street
/ over ths comn0a lands. Skica Nil lead % the
assessment of ths laRds 10 pay for the cost 81
7 oDeaing the street. the signature Affects only
/ his osa estate; he does not represent OF binG
4
/ without special authority TIE iateres, Of
/ each OF the tenants iR common exteads
/ through every inca Of the land. and each one
/ is entitied 70 occupy 10 the exteRt OF her IN
teEesG IA conjunction with the 0thers.-Eyarts
/ vs. Beach. 81 Mich. page l55. wherethe court
/ use the following language. speaking Of Ger
tain tenants IN common; a tenant Ia COM
mon 0f iands cannot recover OF his eo-tenaRt
/ Tor the use and occupation % the latter OF the
| lands claimed In common. in the absence Of
any express promise; the right Of each 10 oe-
eupy Is one OF the legal incidents OF such ten
aHey. ana 10 preyades the whole land"
Tenancy in common extends TO the entire
premises--Campau IS Campau. "A Mich. page
81.
The two tenants in common. who are in pos
session OF the premises. as above stated. are
| owners. not 10 the exclusion OF the
other three sisters. but nevertheless
owners, and OF course resident owners
| not owners OF a certain number OF feet. t0-wlt:
two hundred Of the I'VE hundred feet. because
no partition has ever yet been made. but own
ers of twonith interest IN the entire rve
/ hundred feet. Had the charter provision
stated "on the petition OF the sole owners" or
ION the petition Of a majority OF the owners. .
| instead Of the owners OF a majority OF the
property. or "the petition of the sole owners in
fee" IL would have been very different; but
| the word owners" is used without any quali-
| ncation OF that SORT and there is no power in
| the council 20 arbitrarily divide the property.
| and assert that given two hundred feet OF it
| are represented by the two resident tenants in
| common. and a given three hundred feet OF IL
| are represented By the nonresident tenants
In common. The parcel In question. as plated.
consists OF a number OF separate lots. but the
| greater portion of IL is occupied. as above
| stated. one parcel OF ground; and there
| stands on IL large brick building. which has
| been the home Of the family for many years.
In y partition of the property. so that each OF
the tenants in common should be the sole
owner Of given portion OF the prop
| erty in question. it would be neces-
| sary that the value of said building
and of other buildings upon the property
should be taken into consideration; and IL
might very readily happen that the number Of
| feet frontage awarded 10 the nonresident
| tenants in common would be very much less
| than three hundred feet. in view of the fact
that on such parcel so awarded were valuable
| buildings. Or the parcel might be divided in
various ether modes or manners, and 10 is
absolutely impossible for the Common Council
10 determine at this time in the absence of
any partition of the premises. as to what pre-
else number of feet fronting on said alley. be
long to the nonresident owners, so as TO ex-
clude such number of feet from the computa-
tiOn necessary in order 10 ascertain if a ma
jOrity of resident owners have petitioned for
the improvement.
Though at first blush IL might strike one as
being the correct proposition that three hun
dred feet of the five hundred feet should be
treated IS nonresident tand such was my FIRST
impression when the question was propounded
10 me- and before | had given it any consider
alton or examination yet, am now clearly of
the opinion that the five hundred feet in
question must be treated rs all owned By
residents OF the city; and therefore that a
petition in favor of the improvement. signed
by resident owners of at least 525 feet frontage
would be necessary before said resolution car
be passed. OF said resolution must be passed
By the unanimous. Affirmative vote OF all the
members elect of the Common Council.
Respectfully submitted.
WM. WIsNER TAYLOR,
City Attorney.
Accepted and fled.
Reports from Board of Public Works.
To the Honorable Mayor and Common Coun
ell:
Gentlemen-At a session OF your hon> abl
body held June 3. the city engineer WAS in
{ structed to survey Mt. Vernon street. and r.
+ port il any encroachments exist therein. Ii
/ relation thereto / have the honor 70 reDoT
that on the ifth day Of March. lsS3. that POI
e tion OF said street lying between Butterwortl
+ avenue and Watson street.-The portion r,
T ferred 20 in the resolution-was vacated In IN
r / circuit court.
+ Respectfully submitted.
+ II. A. COLLAR.
4 City Engineer.
E Accepted and fled.
! Tie contract for the construction Of a sewe
o IN East Fulton street. between the city q
3 Grand Rapids and Collins & 0Hara was PR
seuted and reported correct in form By tn
+. city attorney.
2 AID. Yerex moved that the contract be az
proved. and the mayor instructed TO execut
same In behalf of the city.
? Carried.
! Yeas-AId. Anderson. Carpenter. DOrer
Doyle. Hsuser. Mills. O'DOnnell. Saunder
e stein. Stokes. Sproul. Stebbins. STyker. Ia