Beals v. Case

The plaintiff is the owner of a lot of land with a. dwelling-house thereon, on Newbury Street in Boston, between Clarendon Street and Dartmouth Street; the defendants are the owners of a lot with a dwelling-house thereon on Commonwealth Avenue. The two lots adjoin in the rear, the line of each being the centre line of a passageway, sixteen feet wide, over which each has a right of way. Both parties derive their titles from the Commonwealth: the plaintiff, under a deed to one Morse, dated in July, 1869; and the defendants, under deeds to one Reed and one Daggett, dated respectively in March,…