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MERCURIO v. SMITH

24 Mass. App. Ct. 329 (1987)

509 N.E.2d 286

JUDITH J. MERCURIO vs. FRANCIS J. SMITH & others.

Appeals Court of Massachusetts, Norfolk.

June 15, 1987.

Attorney(s) appearing for the Case

Colette Manoil for the plaintiff.

Treazure R. Johnson for the defendants.

Present: GREANEY, C.J., BROWN, & DREBEN, JJ.

DREBEN, J.

This action was brought in the Superior Court by the plaintiff against the owners of a neighboring lot to preclude them from using a portion of an asphalt driveway. The plaintiff claims that thirty-four feet of the driveway are located on her land. Both lots front on Lisle Street in a development in Braintree. See the appended diagram. The deed to the plaintiff, owner of lot 62, and the deed to the defendants, the

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