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Abstract

By agreement with plaintiffs' predecessor in title, defendants' grantor set out a hedge on what both parties believed to be the true dividing line between their respective lots but which was in fact seven feet south of the true line. Defendants' grantor occupied the strip up to the hedge for ten years and then sold the lot to defendants, at the time of sale pointing out to them the piece of property believed to be the lot he was selling. He delivered possession and a deed which did not include the seven-foot strip within its calls. Six years later plaintiffs had a survey made and, discovering the encroachment, brought ejectment. Held, that defendants were entitled to the disputed strip even though the deed did not include the strip and though it was given to defendants less than .fifteen years before action was commenced. Gregory v. Thorrez, 277 Mich. 197, 269 N. W. 142 (1936).

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