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TONEY SCHLOSS PROPERTIES CORPORATION v. BERENHOLTZ

[No. 352, September Term, 1965.]

243 Md. 195 (1966)

220 A.2d 910

TONEY SCHLOSS PROPERTIES CORPORATION v. BERENHOLTZ, ET AL., AND SILBERT, ET UX. v. TONEY SCHLOSS PROPERTIES CORPORATION

Court of Appeals of Maryland.

Decided June 22, 1966.

Attorney(s) appearing for the Case

M. Peter Moser, with whom were Ronald P. Fish and Nyburg, Goldman and Walter on the brief, for Toney Schloss Properties Corporation.

Solomon Kaplan and R. Taylor McLean, with whom were Royston, Mueller, Thomas & McLean, on the brief, for Sol C. Berenholtz, et al. and Fred Silbert, et ux.

The cause was argued before PRESCOTT, C.J., and HAMMOND, HORNEY, MARBURY and McWILLIAMS, JJ.

McWILLIAMS, J., delivered the opinion of the Court.

This dispute concerns the ownership of a small triangle of land (2262 sq. ft.) and the extent to which its owner may be limited in using the same. On one side we have Fred Silbert and his wife, Lucille (Silbert). On the opposite side is Toney Schloss Properties Corporation (Schloss Corp.). Judge Raine's decree satisfied neither side so both have appealed.

Since a proper understanding of the contentions of...

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