CUMMINGS v. FRANCO


335 Mass. 639 (1957)

141 N.E.2d 514

FRANK J. CUMMINGS & another vs. MARIA D. FRANCO.

Supreme Judicial Court of Massachusetts, Bristol.

April 4, 1957.


Attorney(s) appearing for the Case

Thomas F. McGuire, (Preston H. Hood, Jr., with him,) for the plaintiffs.

Philip Goltz, for the defendant.

Present: WILKINS, C.J., RONAN, SPALDING, WILLIAMS, & WHITTEMORE, JJ.


WILLIAMS, J.

This is a suit in equity to enjoin the interference by the defendant with the exercise of rights in the nature of easements appurtenant to the plaintiffs' land in the adjoining land of the defendant. The facts are reported by a master whose report has been confirmed. Both the plaintiffs' and the defendant's lands were formerly part of a single tract owned by Thomas W. Smith and Alice R. Smith, husband and wife...

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