BOUTIN v. PERREAULT


343 Mass. 329 (1961)

178 N.E.2d 482

JOSEPH BOUTIN & another vs. ARMAND O. PERREAULT.

Supreme Judicial Court of Massachusetts, Worcester.

December 13, 1961.


Attorney(s) appearing for the Case

Max L. Rubin, for the plaintiffs.

James F. Coburn, Jr., for the defendant.

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


WILLIAMS, J.

This is a suit in equity to require the defendant to remove from the plaintiffs' land a portion of a macadam driveway and to enjoin him from continuing the trespass incident to its maintenance. In his answer the defendant denied the trespass and averred that he had acquired title to the disputed portion of the driveway by adverse possession.

There was evidence that the plaintiffs and the defendant own adjoining lots of land on the westerly side...

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