Legal Opinion

Town of Boxborough v. Joatham Spring Realty Trust

Massachusetts Supreme Judicial Court

Decided December 5, 1969PublishedCited by 15 opinions

1Opinion of the CourtReardon, J.

This is a bill for a declaratory decree brought by the town óf Boxborough (town) to determine the rights, if any, of the public to the use of a way running over land of the Joatham Spring Realty Trust (appellee) to the land of Barbara A. Sweeney (appellant). The matter was referred to a master who filed a report to which the appellant (who had been substituted for an original party as successor in title) filed an objection on the grounds that the master’s subsidiary findings of fact compelled the conclusion that the way was a public way by prescription and that there was no finding “as to the…

2Cases cited8 opinions

  1. Minot v. MinotMassachusetts Supreme Judicial Court · 1946
  2. Morin v. ClarkMassachusetts Supreme Judicial Court · 1937
  3. Commonwealth v. CoupeMassachusetts Supreme Judicial Court · 1880
  4. Taft v. CommonwealthMassachusetts Supreme Judicial Court · 1893
  5. Carson v. BradyMassachusetts Supreme Judicial Court · 1952

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3Cited by15 opinions

  1. Board of Selectmen of Hatfield v. GarveyMassachusetts Supreme Judicial Court · 1973
  2. Fenn v. Town of MiddleboroughMassachusetts Appeals Court · 1979
  3. Newburyport Redevelopment Authority v. CommonwealthMassachusetts Appeals Court · 1980
  4. Witteveld v. City of HaverhillMassachusetts Appeals Court · 1981
  5. W. D. Cowls, Inc. v. WoicekoskiMassachusetts Appeals Court · 1979

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