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MURPHY v. MART REALTY OF BROCKTON, INC.

348 Mass. 675 (1965)

205 N.E.2d 222

ROSE T. MURPHY vs. MART REALTY OF BROCKTON, INC. SAME vs. FRANCES M. PACIFICO, trustee.

Supreme Judicial Court of Massachusetts, Plymouth.

March 8, 1965.

Attorney(s) appearing for the Case

James D. St. Clair for the defendants.

Harry J. O'Sullivan for the plaintiff.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & SPIEGEL, JJ.

SPALDING, J.

These are two bills in equity. One is against Mart Realty of Brockton, Inc. (Mart), and the other is against Frances M. Pacifico (trustee), as trustee of Mart Realty Trust. The bills seek to enjoin the defendants from trespassing upon a 50 foot strip of land (strip) which borders the plaintiff's and trustee's property. The bills also seek a mandatory injunction for the removal of blacktop and fill on the strip...

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