Welch v. McEnany

This is a petition for registration of title to a tract of land on Dudley street in Boston. The single question in the case is whether a right to maintain a drain across locus and thence over land of McEnany east to Hampden street has been acquired by prescription in favor of the estate of Davis and others to the west, as against both locus and the McEnany estate, and in favor of both the Davis estate and that of the petitioner over the estate of said McEnany. This drain was built prior to 1861 and at a time when both locus and the McEnany estate consisted of open, unoccupied land. There is…