220 Mass. 565 | Mass. | 1915
A portion of the easterly line of the petitioner’s tract is described as bounded "by the western end of a town highway leading to Weston Road.” The judge of the Land Court, on the facts found by him, ruled that the way referred to (known as Mayo Road) was a town road, and ordered a decree accordingly.
The town records show that the warrant for a town meeting to be held on April 5, 1852, contained an article "to see if the town will discontinue apart of the old road leading from the Parker place to the Methodist Meeting House in West Needham. Also to lay out a new road about forty-seven rods long running northeasterly from land of Ephraim Loker and James Roy to the new road on Pine Plain, so called, agreeably to the petition of James Roy and others.” At the town meeting it was voted to refer this article to the selectmen. At a town meeting held on May 3,1852, and apparently under the article
In view of all the facts, — the records, the construction of the road and its long user, the occasional repairs, and other circumstances tending to show that Mayo Road originally was laid out as a town way, — we cannot say that the judge of the Land Court was wrong in finding that it is an ancient public way. Commonwealth v. Belding, 13 Met. 10. Avery v. Stewart, 1 Cush. 496. Holyoke v. Hadley Co. 174 Mass. 424. And see Harrington v. Harrington, 1 Met. 404.
Ordered accordingly.
This article read: “To hear the report of any committees that may be ready to do the same.”
In this report it was stated that “said Eoy [who had petitioned for the laying out] agrees to give the land and fence it and make the road .to the acceptance of the selectmen for $150.”