Harber v. Evans
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — How. G. D. Burgess, Judge. . (1) The principal point we make in this case is that the petition does not state facts sufficient to entitle the appellee to the relief prayed for and granted by the court, or that the agreement set forth in appellee’s petition does not prohibit appellant from leaving openings or windows in the wall, and that in the absence of such prohibition, either in the agreement or by statute, appellant lias the right at…
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Appeal from Grundy Circuit Court. — How. G. D. Burgess, Judge. . (1) The principal point we make in this case is that the petition does not state facts sufficient to entitle the appellee to the relief prayed for and granted by the court, or that the agreement set forth in appellee’s petition does not prohibit appellant from leaving openings or windows in the wall, and that in the absence of such prohibition, either in the agreement or by statute, appellant lias the right at common law to leave said Openings and windows. The only authority we have been able to find bearing directly upon the…
1Opinion of the CourtSherwood, J.
The object of this proceeding was to prevent the defendant, then engaged in building a party wall, from placing therein, in the second and third stories thereof, windows and other openings, in violation of an agreement theretofore entered into between *664the parties litigant as follows: “ This agreement made and entered into this the twenty-sixth day of June, A. ,D. 1886, by and between Edgar M. Harber and Lizzie D. Harber, his wife, of Grundy county, Missouri, parties of the first part, and Edward Evans and Nettie Evans, his wife, of Grundy county, Missouri, parties of the second part,…
2Cases cited4 opinions
- Dauenhauer v. DevineTexas Supreme Court · 1879
- Sharp v. CheathamSupreme Court of Missouri · 1885
- Sullivan v. GraffortSupreme Court of Iowa · 1872
- Fettretch v. LeamyThe Superior Court of New York City · 1862
3Cited by9 opinions
- Bright v. Bacon & SonsCourt of Appeals of Kentucky · 1909
- Metropolitan Land Co. v. ManningMissouri Court of Appeals · 1903
- Holden v. TidwellSupreme Court of Oklahoma · 1913
- Springer v. DarlingtonIllinois Supreme Court · 1904
- Fidelity Lodge No. 59 v. BondIndiana Supreme Court · 1896
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