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MAYS v. BURGESS

No. 8831.

147 F.2d 869 (1945)

MAYS et al. v. BURGESS et al.

United States Court of Appeals District of Columbia.

Decided January 29, 1945.

Attorney(s) appearing for the Case

Mr. James A. Cobb, of Washington, D. C., with whom Mr. George E. C. Hayes, of Washington, D. C., was on the brief, for appellant Mays. Mr. Reuben Bonnett, of Washington, D. C., was on the brief for appellant Consolidated Properties, Inc.

Mr. Henry Gilligan, of Washington, D. C., for appellees.

Before GRONER, Chief Justice, and MILLER and EDGERTON, Associate Justices.

GRONER, C. J.

The case involves the validity of a deed of sale to a house and lot in the City of Washington. The appeal is from a judgment of the District Court setting aside the deed and enjoining appellant Mays from the use and occupancy of the property. The suit arose out of a covenant under seal which recites that —

"Whereas the said parties hereto desire, for their mutual benefit, as well as for the best interests of the said community and neighborhood...

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