John R. W. Sterling v. Leroy J. Blackwelder

414 F.2d 1362, 1969 U.S. App. LEXIS 11016

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 22, 1969
• Docket: 12920_1
• Status: Published

Opinion

PER CURIAM:

John R. W. Sterling appeals from an order of the district court directing the return of a $50,000.00 deposit which had been made by Wallace F. Holladay pursuant to his agreement to purchase a certain parcel of real property (known as the Moorefield Farms in Fairfax, Virginia) “ * * * free and clear of all encumbrances * * Upon examination of the title to said real estate it was discovered that the property involved was servient to nine recorded easements. 1

The district court held that these easements constituted encumbrances on the property, and consequently: the undertakings of the above-mentioned agreement could not be complied with in that the purchase could not be accomplished free and clear of all encumbrances; the prospective purchaser, Holladay, was entitled to rescind the agreement to purchase; and he was entitled to a refund of his deposit.

We affirm the holding of the district court for the reasons stated in its opinion. 2

Affirmed.

1 . These easements were held by the Commonwealth of Virginia in connection with public highways and by various public utilities.

2 . Sterling v. Blackwelder, Mem. Order, 302 F.Supp. 1125 (E.D.Va.1969).