Mahoney v. Wilson

The Land Court, after its decision filed in March, 1925, had been affirmed by this court, Wood v. Wilson, 256 Mass. 340, granted a rehearing to the respondent. The cause is now before us upon exceptions taken at the rehearing. It is important to decide what was opened to the respondent by the allowance of the motion. The former decision established that the respondent was not the owner of the fee in the land in question, but was entitled to a right of way over the locus, and it fixed the location of the right of way. A motion for a rehearing of the entire matter, based on newly discovered…