PERCIVAL v. FLETCHER

No. 36.

155 A.2d 737 (1959)

Leo J. PERCIVAL v. Lee K. FLETCHER.

Supreme Court of Vermont. Addison.

November 3, 1959.


Attorney(s) appearing for the Case

Lisman & Lisman, Burlington, for plaintiff.

Frederick J. Fayette, Burlington, George W. F. Cook, Rutland, for defendant.

Before HULBURD, C. J., and HOLDEN, SHANGRAW and BARNEY, JJ., and MORRISON, Superior Judge.


BARNEY, Justice.

This is a suit in chancery whereby the plaintiff, Leo J. Percival, seeks to restrain the defendant, Lee K. Fletcher, from crossing the land of the plaintiff. The defendant claims a right of way over the property. Evidence was taken and findings made by the Chancellor. A decree was entered restraining the defendant from further use of the claimed right of way. The case is here on defendant's exceptions.

The findings may be summarized as follows...

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