48 Mass. 33 | Mass. | 1843
The question is, whether the plaintiffs, owners of an estate adjoining the academy lot, acquired a right of way over that lot, by the adverse and uninterrupted use of such way,
In the present case, the court are of opinion that there is no evidence of the use of this way, by any of the plaintiffs’ predecessors, until James Brazer built a house there in 1805 ; nor after that time, of any use so exclusive, peculiar, or different from that of all others having occasion to pass and repass, as to found a claim of right for a way over this open lot, attached to and occunied with the academy. The fact that James Brazer
If the acts of Ammidon and others, who came in under William F. Brazer, in 1822, can be considered as indicating, more unequivocally, a claim of right, they would not avail the plaintiffs, because they do not prove an uninterrupted claim for twenty years; the trustees of the academy having passed a vote in 1841, directing the land to be enclosed, and the way cut off. The court are therefore of opinion that the nonsuit must stand.