KENDALL v. SELVAGGIO


413 Mass. 619 (1992)

602 N.E.2d 206

KENNETH W. KENDALL & another vs. VITO J. SELVAGGIO & another.

Supreme Judicial Court of Massachusetts, Middlesex.

November 5, 1992.


Attorney(s) appearing for the Case

Joseph H. Sexton, III, for the defendants.

Richard P. Howe for the plaintiffs.

Present: LIACOS, C.J., NOLAN, LYNCH, & GREANEY, JJ.


NOLAN, J.

In 1985 the plaintiffs filed a complaint in the Superior Court alleging trespass. The defendants counterclaimed that they had acquired title to the land in dispute through adverse possession. The parties then stipulated that the defendants' fence stood, in fact, on the plaintiffs' property and that if its presence there was not legal then trespass would lie. Because of this stipulation, the trial judge ruled that...

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