Safe Deposit & Trust Co. v. Flaherty

This appeal is from an order sustaining the exceptions filed by the appellee to the ratification of a sale made to him, by the appellant as trustee, of two lots of ground in Baltimore City. The exceptions are based upon the claim that the title to the lots has been rendered unmarketable by certain alleged restrictive covenants or conditions as to their use contained in a deed made in April, 1847, °f the land of which they form part, from the Canton Company to Hugh Gelston.

The obnoxious clause in the deed to Gelston is as follows : “ And the said party of the second part, for his heirs,…