CODMAN v. WILLS


331 Mass. 154 (1954)

118 N.E.2d 94

CHARLES R. CODMAN & others vs. ROYAL BARRY WILLS & another, trustees.

Supreme Judicial Court of Massachusetts, Essex.

March 1, 1954.


Attorney(s) appearing for the Case

Frederick H. Tarr, for the plaintiffs.

Joseph G. Bryer, for the defendants.

Present: QUA, C.J., LUMMUS, WILKINS, SPALDING, & COUNIHAN, JJ.


SPALDING, J.

The plaintiffs bring this bill to enjoin the defendants from trespassing or entering upon a parcel of land of which the plaintiffs own an undivided interest; from removing soil or rocks therefrom; and from cutting trees and shrubs thereon. The bill also asked that the defendants be ordered to restore the property to its former condition or to pay damages. From a decree dismissing the bill the plaintiffs appealed. The judge made findings of material facts...

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