Legal Opinion

Davies v. McDowel

Missouri Court of Appeals

Decided April 4, 1977No. KCD 28315PublishedCited by 7 opinions

1Opinion of the Court

SWOFFORD, Judge.

The parties to this action are the owners of adjoining duplex homes sharing a party wall. The respondents (plaintiffs) are husband and wife, and the appellants (defendants) are a widow and her son and daughter and each owns their respective properties in fee simple.

The plaintiffs brought this action seeking specific performance of a certain covenant in a “Party Wall Agreement” concerning the common wall separating the properties. This document was executed on August 5, 1966 by the developer of the residential area, Raytown Land Company, and was filed of record and contains…

2Cases cited16 opinions

  1. Trautz v. LempSupreme Court of Missouri · 1932
  2. Kershner v. HurlburtSupreme Court of Missouri · 1955
  3. Atchison v. City of EnglewoodSupreme Court of Colorado · 1970
  4. H. J. Lewis Oyster Co. v. WestSupreme Court of Connecticut · 1919
  5. Melvin v. HoffmanSupreme Court of Missouri · 1921

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3Cited by7 opinions

  1. Ferrero Construction Co. v. Dennis Rourke Corp.Court of Appeals of Maryland · 1988
  2. Cambridge Co. v. East Slope Investment Corp.Supreme Court of Colorado · 1985
  3. Venture Stores, Inc. v. Pacific Beach Co.Missouri Court of Appeals · 1998
  4. Smith v. VanVoorhisWest Virginia Supreme Court · 1982
  5. Hensley-O'Neal v. Metropolitan National BankMissouri Court of Appeals · 2009

2 more not listed; retrieve them via the Exa API.

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