Wesley v. M. N. Cartier & Sons Co.

This cause is a suit in equity, brought by Ernest G. Wesley and Patrick J. Fox, to enjoin the use of a way. It was heard in the Superior Court, upon bill, answer, replication, and oral testimony, upon agreed issues of fact, and a final decree was entered dismissing the bill of complaint. The cause is before the court upon the complainants’ appeal from this decree.

The material facts admitted on the pleadings and established by uncontradicted evidence may be summarized as follows: prior to the year 1849, one Henry J. Angelí was the owner of a tract of land bounding southerly on Smith street in…