Moodie v. Jenks

• Decision Date: 30 October 1952
• Citation: Moodie v. Jenks, 108 N.E.2d 558, 329 Mass. 332 (Mass. 1952)
• Parties: MOODIE et al. v. JENKS et al.
• Court: Supreme Judicial Court of Massachusetts

Page 558

108 N.E.2d 558

329 Mass. 332

MOODIE et al. v. JENKS et al.

Supreme Judicial Court of Massachusetts, Hampden.

Argued Sept. 18, 1952.

Decided Oct. 30, 1952.

Charles V. Ryan, Springfield, Charles V. Ryan, Jr., Springfield, for plaintiffs.

Raymond J. Rosa, West Springfield, for defendants, submitted a brief.

Before QUA, C. J., and LUMMUS, RONAN, WILKINS and WILLIAMS, JJ.

WILKINS, Justice.

The defendants are abutting landowners to the south of the plaintiffs. Pursuant to the prayers of the bill of complaint the defendants were ordered to remove a fence and were enjoined from trespassing on the plaintiffs' land. Findings of fact and an order for decree were filed on December 6, 1951. The final decree was entered on December 11, 1951, and on December 27, 1951, the defendants appealed 'from the findings and order of the court.' There was no appeal from the final decree. An appeal does not lie from the findings and the order for decree. Gulesian v. Newton Trust Co., 302 Mass. 369, 372, 19 N.E.2d 312.

Upon the merits, no ground for reversal appears. The evidence is not reported. The brief findings support the general conclusion. One other matter perhaps should be mentioned. The decree contains a description of the plaintiffs' real estate, which consists of two parcels. In the decree the northern boundary of one parcel has been revised in a...