Bentley v. Root

The complainant, alleging that he is the owner in fee of one third of a gangway, ten feet wide, adjoining his land on Summer Street in Providence, seeks to enjoin the respondents from using the same as appurtenant to a lot which is not a dominant estate, and to enjoin them from obstructing the gangway.

The first issue raised by the pleadings is that of title in the complainant. Has he a title in fee to the land, or only an easement in it ?

The gangway was laid out by William Olney, a former owner, wholly upon his own land. He sold a lot to Dinah and Barbary Battey in June, 1830, bounding…