Herb v. Gerstein, Civil Action No. 11989.

• Decision Date: 10 November 1941
• Docket Number: Civil Action No. 11989.
• Parties: HERB et al. v. GERSTEIN et al.
• Court: U.S. District Court — District of Columbia

41 F. Supp. 634

HERB et al. v. GERSTEIN et al.

Civil Action No. 11989.

District Court of the United States for the District of Columbia.

November 10, 1941.

Henry Gilligan and James A. Crooks, both of Washington, D. C., for plaintiffs.

George E. C. Hayes and Philip W. Thomas, both of Washington, D. C., for defendants.

PINE, Justice.

Defendants have moved to dismiss the complaint on the ground that it fails to state a claim against defendants upon which relief can be granted.

Briefly stated, plaintiffs allege as follows:

They are the owners of certain lots in Square 3047 improved by premises known as 631, 639, 641 and 647 Irving Street, Northwest, and are persons of the white race. Defendant Gerstein is the record owner of lot No. 137 in the same Square improved by premises known as 645 Irving Street, Northwest. The other two defendants, Robert L. Lewis and Helen Lewis, are the occupants of the last mentioned property and are of the negro race. A deed has been executed by defendant Gerstein to the other defendants conveying the last mentioned property to the other defendants, which deed has not been recorded.

In 1930 the then owners of the properties on the north side of Irving Street between Fifth Street and Georgia Avenue, being parts of the Square in which the plaintiffs' property is located, entered into an agreement by the terms of which each with the other and for their respective heirs and assigns, covenanted that no part of the land owned by the parties to the agreement should ever be given, occupied, sold or conveyed to persons of the negro race or blood and that this covenant should run with the land and bind the parties thereto and their heirs and assigns for the period of twenty-one years from its date.

This agreement was recorded among the land records of the District of Columbia on January 23, 1930, in Liber 6413, folio 423 et seq.

Defendant Gerstein became the owner of Lot No. 137 by virtue of a deed from David and Lena Rabineau, husband and wife, dated March 21, 1941, wherein the following language appears: "* * * Subject to the covenants created by Agreement recorded in Liber 6413 at folio 423 among the Land Records of the District of Columbia that no part of said land shall ever be used or occupied or sold, conveyed, leased, rented or given to negroes or any person or persons of the negro race or blood, and said covenants to run with the land and be binding for a period of 21 years from and after January 22nd, 1930. * * *"

David and Lena Rabineau were owners as joint tenants of this lot, but only David Rabineau signed the agreement before-mentioned.

Plaintiffs seek to enjoin defendants Robert L. and Helen Lewis from occupying these premises and pray that the deed from Gerstein to the other defendants be cancelled.

The validity of agreements containing such covenants has been upheld in this jurisdiction. Corrigan v....