BOXBOROUGH v. JOATHAM SPRING REALTY TRUST


356 Mass. 487 (1969)

253 N.E.2d 335

TOWN OF BOXBOROUGH vs. JOATHAM SPRING REALTY TRUST & others.

Supreme Judicial Court of Massachusetts, Middlesex.

December 5, 1969.


Attorney(s) appearing for the Case

Julian J. D'Agostine for Barbara A. Sweeney.

Charles R. Parrott for Joatham Spring Realty Trust.

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


REARDON, J.

This is a bill for a declaratory decree brought by the town of Boxborough (town) to determine the rights, if any, of the public to the use of a way running over land of the Joatham Spring Realty Trust (appellee) to the land of Barbara A. Sweeney (appellant). The matter was referred to a master who filed a report to which the appellant (who had been substituted for an original party as successor in title) filed an objection on the grounds that the master...

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