Castle Construction Co. v. Ferreira

This is a bill in equity for reformation of a deed on the ground of mutual mistake. After a hearing in the superior court on bill, answer, and proof, a final decree was entered, denying and dismissing the bill. The cause is here on the complainant’s appeal from such decree.

On January 12, 1959, complainant by deed conveyed to respondents two lots of land in the town of Bristol. The deed contains the following sewer clause, so called:

"Said premises are conveyed together with the appurtenant right to use the present sewer system, but subject to1 the obligation of the grantees, their heirs and…