DUNCAN, J.
This action in equity was brought to establish a right of way by necessity, and to recover damages. The case was submitted to the Court, Loughlin, J., upon an agreed statement of facts. The defendant by his answer sought dismissal of the petition, and at the time of hearing moved for rescission of the sale to the plaintiff of the land in question on the ground of mutual mistake of fact. Following the hearing, the plaintiff moved for a decree in accordance...
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