Tucker v. Poch

Spalding,

J. This is an appeal by the defendant from a-final decree ordering him to remove a fence which he had., erected in a passageway running between his land and land of the plaintiffs, and permanently enjoining him from interfering with the plaintiffs’ right to use the passageway. The case was referred to a. master whose report was confirmed by an interlocutory decree from which no appeal was taken. The master’s findings thus became conclusive. between the parties. Perry v. Oliver, 317 Mass. 538.

Facts found by the master are these: The plaintiffs are tenants in common of a lot of land on…