Donoghue v. Prynnwood Corp.

Dr. Donoghue sought on December 30,1965, 1 in the Probate Court declaratory relief concerning a restrictive provision in a deed to him from Prynnwood Corporation (Prynnwood) of land (the locus) on which he has built a house. Prynnwood by its answer, amended on January 12, 1967 (see fn. 4, infra), prays that the final decree shall (1) declare the restriction enforceable, (2) permanently enjoin any construction without Prynnwood’s approval, and (3) require removal of Dr. Donoghue’s structure from the locus. The probate judge made somewhat incomplete findings and reserved and reported the case…