Israelsky v. Levine

The action is brought to impress a lien for the amount paid on account of a contract for the purchase of certain real property and for plaintiff's expense for examination of) title. The complaint alleges the making of the contract, a cops'- of which is annexed and from which it appears that the property was sold “ subject to covenants and restrictions in former deeds, if any.” Plaintiff rejected the title as being unmarketable because of an easement affecting the rear twelve feet of the premises reserved in a former deed. This reservation is as follows:

“ Reserving, however, unto the party of…