Flynn v. Bourneuf

This is an action on a covenant against incumbrances. At the time of the execution of the deed, the land conveyed was liable to. an assessment for betterments, which was afterwards made and which has been paid by the plaintiff. It is not disputed that the liability was an incumbrance, or that there would have been a breach of the covenant on general principles. Carr v. Dooley, 119 Mass. 294. But the defence relied on is, “ that, a few days before said deed to the plaintiff was executed and delivered, the plaintiff and the defendants made an independent, distinct, and oral agreement, that in…