Daw v. Lally

This is an action of tort for the obstruction of an alleged prescriptive right of way claimed by the plaintiff as appurtenant to premises belonging to him in Nantucket. The plaintiff acquired title to the premises in November, 1902, from one Henry Mitchell. Mitchell’s wife, Mary Chilton Mitchell, purchased them in 1883 and devised them in fee to her husband by her will which was duly probated in March, 1902. The strip over which the right of way is claimed as appurtenant to the plaintiff’s premises was part of a tract of land formerly known as the Raymond and Ellis land, which adjoins the…