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Wildwood Estates of Braintree v. Smith

Appeals Court of Massachusetts
Feb 3, 1975
322 N.E.2d 781 (Mass. App. Ct. 1975)

Opinion

February 3, 1975.

Anne M. Vohl for the respondents.

Richard L. Seegel ( Joseph C. Avitabile with him) for the petitioners.


Neither of the exceptions claimed by the respondents appears to have been intended (nor was either sufficient) to cast doubt on the validity of the judge's finding, which is dispositive of the respondents' claim(s) of "prescriptive rights" or of "rights of prescription," that "they [the respondents] have not used the pond uninterruptedly for over twenty years." See G.L.c. 187, § 2. No question of "dedication of rights to the general public" was raised by or open under the pleadings.

Exceptions overruled.


Summaries of

Wildwood Estates of Braintree v. Smith

Appeals Court of Massachusetts
Feb 3, 1975
322 N.E.2d 781 (Mass. App. Ct. 1975)
Case details for

Wildwood Estates of Braintree v. Smith

Case Details

Full title:WILDWOOD ESTATES OF BRAINTREE, INC. another vs. AGNES M. SMITH others

Court:Appeals Court of Massachusetts

Date published: Feb 3, 1975

Citations

322 N.E.2d 781 (Mass. App. Ct. 1975)
3 Mass. App. Ct. 705