| Mass. | Sep 15, 1869
The referee, having found that the adverse use of the easement was not with the acquiescence or knowledge of the owner of the servient tenement, correctly decided that no adverse right had been acquired. The question whether Carter had knowledge of the existence of the easement while he owned the defendant’s tenement was pertinent and material, and he was a competent witness as to that point.
Judgment for the defendant.