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208 F.2d 33

Docket No. 11670.

Hernandez v. Siciliano

Second Circuit Court of Appeals

Submitted Oct. 9, 1953.

Decided Oct. 29, 1953.

Second Circuit Court of Appeals · decided 1953-10-29

Cited by 3 later decisions — most recently February 1956

3 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1953-10-29

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¶1*34Mr. Harry L. Ryan, Jr., Washington, D. C., submitted on the brief for appellants.

¶2Mr. Cornelius H. Doherty, Washington, D. C., submitted on the brief for appellee.

¶3Before CLARK, WILBUR K. MILLER and PRETTYMAN, Circuit Judges.

¶4PER CURIAM.

¶5In his capacity as administrator c. t. a., the appellee sued for rescission of a deed which he charged appellants had fraudulently obtained from his allegedly incompetent decedent. The grantee-appellants answered, alleging inter alia that decedent’s sister, the sole beneficiary under his will, was an indispensable party and without her the action should be dismissed, under Rule 19 (a), Federal Rules of Civil Procedure, 28 U.S.C.A.

¶6Before trial, the parties entered into a settlement stipulation which was filed with the court and then embodied in an order directing its consummation. The arrangement was that, in circumstances such as those which undisputedly developed, the appellants should pay to the appellee the sum of $2,500 and should then retain the realty conveyed to them by the challenged deed.

¶7When the appellants’ admitted refusal to make the Payment was shown to court judgment for the sum of $2, was entered against them. On this aPPeal therefrom, they argue that the settlement was merely permissive and not mandatory. We think the contrary that the appellants were bound by their stipulation and the enforcing order. As they cannot now urge the absence of an indispensable party, we exPress no opinion as to whether the sister actually was such,

¶8Affirmed.

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