KENNEY v. MARINO


350 Mass. 534 (1966)

215 N.E.2d 747

JAMES F. KENNEY & another vs. ANDREA MARINO & another.

Supreme Judicial Court of Massachusetts, Worcester.

April 5, 1966.


Attorney(s) appearing for the Case

Carlton W. Spencer (J. Laurence Doyle with him) for the defendants.

No argument or brief for the plaintiffs.

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


WHITTEMORE, J.

The defendants have appealed from a final decree of the Superior Court enjoining them from passing over the plaintiffs' premises.

The plaintiffs and the defendants own and occupy adjacent premises on Purchase Street, Milford. At issue is the right of the defendants to use a private way on the plaintiffs' land, adjacent to the southerly side line of the defendants' property. In the defendants' chain of title is a deed dated March 27, 1893, that...

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