Wildwood Estates of Braintree, Inc. v. Smith

Massachusetts Appeals Court

Wildwood Estates of Braintree, Inc. v. Smith

322 N.E.2d 781, 3 Mass. App. Ct. 705

DecidedFebruary 3, 1975

StatusPublished

This text of 322 N.E.2d 781 (Wildwood Estates of Braintree, Inc. v. Smith) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wildwood Estates of Braintree, Inc. v. Smith, 322 N.E.2d 781, 3 Mass. App. Ct. 705 (Mass. Ct. App. 1975).

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Opinion

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.

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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.

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Bluebook (online)

322 N.E.2d 781, 3 Mass. App. Ct. 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wildwood-estates-of-braintree-inc-v-smith-massappct-1975.

Opinion

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