DiBurro v. Bonasia

This is a bill in equity seeking that the defendant be declared to hold certain real estate and a restaurant as constructive trustee for the plaintiffs and that he be ordered respectively to convey and assign them accordingly. From a decree dismissing the bill, the plaintiffs appealed. The evidence is reported, and the judge, in response to a request for a report of the material facts, adopted as such the facts previously found by him in his “findings and order for final decree.” G. L. (Ter. Ed.) c. 214, § 23, as appearing in St. 1945, c. 394, § 1. Acacia Mutual Life Ins. Co. v. Feinberg, 318…