224 Mass. 297 | Mass. | 1916
The plaintiff Joseph Lewenberg (hereinafter called the plaintiff) and the defendants entered into a written
The plaintiff seeks by this bill in equity to have the deed reformed so that it shall contain a covenant against incumbrances; or, with the same object in view, to have the written agreement specifically performed. By the terms of the report, if on the facts found by the trial judge “the plaintiffs are entitled to relief under their bill of complaint, a decree is to be entered in their favor, either for the specific performance of the written agreement of April 3 or for such reformation of the deed of April 28 as will make it conform to said agreement; otherwise, the bill is to be dismissed.”
The only claim of a defect in the title made by the plaintiff is predicated upon the watercourse. We do not find it necessary to determine whether the existence of this natural watercourse, and the alleged rights therein of the town of Brookline under St. 1887, c. 99,
In accordance with the terms of the report, the entry must be
Bill dismissed.
Morton, J.
Entitled “An Act to authorize the town of Brookline to provide for surface drainage and to improve the brooks and natural streams within the limits of said town.”