MENDONCA v. CITIES SERVICE OIL CO.


354 Mass. 323 (1968)

237 N.E.2d 16

MANUEL C. MENDONCA, JR. & another vs. CITIES SERVICE OIL COMPANY OF PENNSYLVANIA.

Supreme Judicial Court of Massachusetts, Bristol.

May 9, 1968.


Attorney(s) appearing for the Case

John V. Phelan for the defendant.

Edward J. Harrington, Jr., for the plaintiffs.

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


KIRK, J.

This bill in equity was brought to enjoin the defendant from entering upon a strip of land (the strip) which the plaintiffs claim to have acquired by adverse possession and to recover damages for trespass. Annexed to the plaintiffs' bill is a copy of an affidavit, signed by them and recorded in the registry of deeds on July 17, 1964, claiming title to the strip by adverse possession. In its answer the defendant asked for affirmative relief against the claim...

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