FULTON v. BELMONT


333 Mass. 64 (1955)

127 N.E.2d 569

DAVID H. FULTON & another vs. TOWN OF BELMONT.

Supreme Judicial Court of Massachusetts, Middlesex.

July 7, 1955.


Attorney(s) appearing for the Case

David H. Fulton, (Robert Fulton with him,) for the plaintiffs.

Earle C. Parks, Town Counsel, (John F. Elliott & Melvin Lee with him,) for the defendant.

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


COUNIHAN, J.

The plaintiffs, who are husband and wife, are owners of certain land with the buildings thereon on Marsh Street in Belmont. They originally brought a petition for a writ of mandamus on November 28, 1949, which by leave of court on June 16, 1950, was amended into a bill in equity. In the bill they prayed that the defendant by mandatory injunction be ordered to remove a pipe maintained by the defendant under land...

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