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WELCH v. UNITED STATES

No. 1920.

108 F.2d 722 (1939)

WELCH et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

December 19, 1939.

Attorney(s) appearing for the Case

A. J. Welch, of Clinton, Okl., for appellants.

Roger P. Marquis, Atty., Dept. of Justice, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., Charles E. Dierker, U. S. Atty., of Oklahoma City, Okl., and C. R. Denny, Atty., Dept. of Justice, of Washington, D. C., on the brief), for the United States.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

On August 28, 1934, Andrew J. Welch and Cuba E. Welch, his wife, for an agreed consideration of $8,300, by warranty deed conveyed to the United States a tract of land in Clinton, Oklahoma, for a post office site. The deed contained the following provision:

"To Have and to Hold said described premises unto the said The United States of America, and its successors and assigns, forever, free, clear and discharged of and from all former...

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