
    Milford T. French v. The Common Council of the Village of South Haven.
    
      Highivays — Obstruction—Mandamus.
    In this case, the Court finding it difficult to determine from the petition and return whether the street which relator seeks to have opened is or is not a public highway, its legality being contested in good faith by á stranger to the record, and the relator having an ample remedy in equity if the facts stated in his petition are true, as also other remedies, both at law and under the statutes, a mandamus is denied.
    
      Mandamus.
    
    Submitted February 24, 1891.
    Denied February 27, 1891.
    Delator applied for mandamus to compel the removal of certain obstructions in an alleged highway in respondent village. The facts are stated in the opinion.
    
      Boudeman é Adams, for relator.
    
      Oslorn é Mills and William N. QooTc, for respondent.
   Per Curiam.

This is an application for mandamus to compel the common council of the village of South Haven to commence proceedings to remove certain obstructions in an alleged public highway or street in the yillage of South Haven, and to open the said street for public travel, and to keep the same unobstructed for the use of the public.

The obstructions were placed in the street by one Arthur W. Tufts, who claims to own the land in the street, and who denies the existence of a legal highway. We find it difficult to determine upon the petition and return whether or not there is a public highway, as claimed by the relator. Its legality seems to be contested in good faith by Mr. «Tufts, who is not a party to the proceeding before us. The relator has an ample remedy in equity if the facts are as stated in his petition. See Wayne Co. Savings Bank v. Stockwell, 84 Mich. 586. He has also other remedies, both at law and under the statutes.

The writ of mandamus will be denied.  