Compton-Hill Improvement Co. v. Tower's Executors & Devisees
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. T). Wood, Judge. (1) By Ms deed to Nolker, Tower imposed upon the remaining portion of his property in said Block No. 1366, a servitude for the benefit of Nolker’s lot, which passed to plaintiff with the latter as an easement appurtenant thereto. Washburn’s Easements and Servitudes (4 Ed.), 115; Coughlin v. Barker, 46 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. H. T). Wood, Judge. (1) By Ms deed to Nolker, Tower imposed upon the remaining portion of his property in said Block No. 1366, a servitude for the benefit of Nolker’s lot, which passed to plaintiff with the latter as an easement appurtenant thereto. Washburn’s Easements and Servitudes (4 Ed.), 115; Coughlin v. Barker, 46 Mo. App. 54. (2) A party will not be permitted to use his land in a manner inconsistent with his contract, and injunction is the proper remedy. Hall v. Wesster, 7 Mo. App. 56; Sharp v. Cheatham, 88 Mo. 507; 3 Pomeroy’s Eq.…
1Opinion of the CourtGantt, P. J.
Prior to the conveyance upon which this bill for injunction is predicated, George E. Tower was the owner of a parcel of land in the city of St. Louis containing about 4 85-100 acres, and known as city block 1366, with a frontage of 610 feet on the east line of Grand avenue, and a depth eastwardly of 295 feet.
On December 4, 1889, said Tower by warranty deed conveyed the southern 100 feet of said land to William E. Nolker for $9,000.
The deed contained the following conditions and restrictions :
“Provided, however, and this conveyance is upon condition, that the grantee herein shall not, nor…
2Cases cited4 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
- Cook v. BensonSupreme Court of Iowa · 1883
3Cited by8 opinions
- King v. St. Louis Union Trust Co.Supreme Court of Missouri · 1910
- Scharer v. PantlerMissouri Court of Appeals · 1907
- Bolin v. Tyrol Investment Co.Supreme Court of Missouri · 1918
- Conrad v. BoogherMissouri Court of Appeals · 1919
- Tower v. Compton Hill Improvement Co.Supreme Court of Missouri · 1905
3 more not listed; retrieve them via the Exa API.