Patten v. Fitz

This is an action of contract for breach of a covenant against incumbrances in a deed from the defendant to the plaintiff. The material facts are as follows:

The defendant was the owner of a lot of land on Austin Street, in Somerville, a private way which had been used by those abutting on it for many years. In April, 1882, the defendant and others petitioned the city of Somerville to lay out said Austin Street as a public way. In May, 1882, the defendant, with other abutters, executed an agreement with the city, under seal, by which they stipulated that they would not claim *457any damages on…