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Ludington & Northern Railway v. Epworth Assembly

Court of Appeals of Michigan

468 N.W.2d 884 (1991)

Relevant factsFree

In 1916, Epworth Assembly (Epworth) (defendant) conveyed strips of land to Ludington & Northern Railway (Ludington) (plaintiff) for railroad purposes, with one deed providing the land would revert to Epworth if it ceased railroad use for a year or more; Ludington stopped running trains in 1981 but continued maintaining the tracks, while Epworth, believing the land had reverted, made various alterations to it. In 1988, Ludington sued for a declaration of the parties' interests, and the trial court found Ludington held fee title with Epworth's reversionary interest extinguished under Michigan law.

IssueFree

Whether, pursuant to a state statute, a person must record a written notice of intent within the statutorily specified time in order to preserve a terminable interest that arose before 1968.

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