Musumeci v. Leonardo

This is a bill in equity to enjoin the maintenance of an alleged “spite fence.” After a hearing on bill, answer and oral proof in the superior court a decree was entered denying and dismissing the bill of complaint. From that decree complainants have appealed to this court.

Complainants have briefed and argued their appeal on the assumption that equity will enjoin the maintenance of a fence which was erected by respondents on their own land with the intent to deprive an adjacent owner of access to light and air. In the course of their discussion they have cited and quoted from a number of…