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ROTH v. EISINGER MILL & LUMBER CO.

No. 6023.

70 F.2d 294 (1934)

ROTH et al. v. EISINGER MILL & LUMBER CO., Inc., et al.

Court of Appeals of the District of Columbia.

Decided March 12, 1934.

Rehearing Denied April 2, 1934.

Attorney(s) appearing for the Case

James A. O'Shea, John H. Burnett, and Alfred Goldstein, all of Washington, D. C., for appellant Thomas F. Sweeney.

W. C. English, of Washington, D. C., for appellant Joseph A. Roth.

Stanton C. Peelle, Paul E. Lesh, Dale D. Drain, and Jerome F. Barnard, all of Washington, D. C., for appellees.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, Associate Justices.

ROBB, Associate Justice.

This is a proceeding in equity, and the findings of the court below "upon the pleadings and testimony" are substantially as follows: On or about the 17th of March, 1927, defendants Adolph Meyer and B. W. Stauffer (against whom pro confesso decrees have been taken) were the owners of record of lot 50, in square 1740, in the District of Columbia. By deed dated March 7, 1927, and recorded March 11, 1927, they conveyed the lot to Joseph A. Roth...

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