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MARZO v. SEVEN CORNERS REALTY

No. 9737.

171 F.2d 144 (1948)

MARZO et al. v. SEVEN CORNERS REALTY, Inc., et al.

United States Court of Appeals District of Columbia Circuit.

Decided November 15, 1948.

Attorney(s) appearing for the Case

Mr. J. Richard Earle, of Washington, D. C., for appellants.

Mr. James C. Wilkes, of Washington, D. C., with whom Mr. George A. Glasgow, of Washington, D. C., was on the brief, for appellees.

Before EDGERTON, CLARK, and WILBUR K. MILLER, Circuit Judges.

EDGERTON, Circuit Judge.

The principal question is whether the grant to appellants and acceptance by them, in a deed of a dwelling house, of "a right of way for a foot path * * * 2 feet in width," prevented them from acquiring by alleged necessity the right of way 10 feet in width that they claim in this suit. The deed provided that the right of way granted should "be used only, if, and so long as the highway called Peabody Street shall be closed, discontinued, abandoned...

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