Cawley v. Jean

[After the foregoing statement of the case.] No appeal having been taken from the order overruling the defendant’s exceptions, they are not now before us except so far as the final decree is erroneously affected by their having been overruled. R. L. c. 159, § 26.

The principal attack made by the defendant on the final decree is that the plaintiff did not own the bulkhead nor the ten foot strip between the building and the fence on the west, and that the defendant honestly thought that he did.

As matter of construction of the agreement it is the land bounded on the west by the location of the…