KELLY, J. (dissenting).
Plaintiffs filed their bill of complaint in the Saginaw circuit court alleging:
(1) Plaintiffs and defendants are owners of adjacent lots situated in the city of Saginaw;
(2) Defendants asked and received from plaintiffs an oral right or license to use a part of plaintiffs' property for driveway purposes;
(3) When defendants commenced to make permanent alterations that extended upon plaintiffs' premises they were...
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