FOLEY v. LYONS

Eq. No. 2531.

125 A.2d 247 (1956)

Timothy J. FOLEY et al. v. James LYONS et al.

Supreme Court of Rhode Island.

September 6, 1956.


Attorney(s) appearing for the Case

Edward F. McElroy, Edward P. Gallogly, Providence, for complainants.

Arthur L. Conaty, Providence, for respondents.


PAOLINO, Justice.

This is a bill in equity seeking to establish an easement over an 8-foot driveway and to enjoin the respondents permanently from interfering with complainants' use thereof. After a hearing in the superior court on bill, answer and proof, the trial justice expressly found that complainants had used the driveway under a claim of right, notoriously, adversely and continuously for over twenty years and therefore had acquired an easement by prescription...

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