Mason v. Beale

Atkinson, Justice.

In a suit to enjoin obstruction of an alleged joint passageway between adjoining proprietors of improved city lots, and to reform (on the ground of mutual mistake) a written agreement executed by the respective predecessors in title of plaintiff and defendant for joint establishment of the way, a verdict for the plaintiff was returned, on which a decree was duly entered. No motion for new trial was made. The defendant excepted generally to the decree, and assigned error on rulings of the court on general and special demurrers to the petition, excepted to pendente lite.

1. The…