140 Mass. 430 | Mass. | 1886
It was not open to the respondents, after an interlocutory judgment, to which they had practically consented, to set up want of title in the petitioner as a bar to the petition. Brown v. Bulkley, 11 Cush. 168. Wonson v. Wonson, 14 Allen, 71, 81. Savery v. Taylor, 102 Mass. 509, 511.
A more difficult question is raised by the attempt of the commissioners to set off to the petitioner all the rights in a passageway theretofore appurtenant to the whole estate, and to provide that the passageway should “ become exclusively appurtenant to the share set off to the petitioner.” If the right of way were over land of a stranger, and the parcel set off to the respondents
Exceptions overruled.