Tower v. Compton Hill Improvement Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. Franklin Ferriss, Judge. (1) The stable built by Mrs. Tinker on lot 4 of the plat was a plain violation of the condition of the deed. It is not a residence worth $7,500, nor a residence in any sense within the terms of the deed. It does not front on Grand avenue, and said stable is not an appurtenance to a residence built on the lot in controversy, for the simple reason that no residence has been built on said lot.
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Appeal from St. Louis City Circuit Court.— Hon. Franklin Ferriss, Judge. (1) The stable built by Mrs. Tinker on lot 4 of the plat was a plain violation of the condition of the deed. It is not a residence worth $7,500, nor a residence in any sense within the terms of the deed. It does not front on Grand avenue, and said stable is not an appurtenance to a residence built on the lot in controversy, for the simple reason that no residence has been built on said lot. Compton Hill Improvement Co. v. Tower, 158 Mo. 290. (2) Ejectment is the proper remedy for the recovery of land after breach of a…
1Opinion of the CourtMarshall, J.
This is an action of ejectment, instituted in the circuit court of the city of St. Louis, on the 18th of January, 1901, by the executors and devisees under the will of George P. Tower, deceased, to *384recover a certain tract of land in City Block No. 1366, having a front of 100 feet on the east line of Grand avenue by a depth of 295 feet eastwardly, except 701 feet on the rear of said lot. which has been thrown into lots 3 and 4 of “Compton Heights.”
The ouster is laid as of the 18th of January, 1901.
The case was tried by the court without a jury, and the trial resulted in a judgment for the…
2Cases cited3 opinions
- Bensieck v. CookSupreme Court of Missouri · 1892
- Hargadine-McKittrick Dry Goods Co. v. WardenSupreme Court of Missouri · 1899
- Compton-Hill Improvement Co. v. Tower's Executors & DeviseesSupreme Court of Missouri · 1900
3Cited by9 opinions
- Otto v. YoungSupreme Court of Missouri · 1910
- King v. GuyMissouri Court of Appeals · 1957
- Tooker v. Missouri Power & Light Co.Supreme Court of Missouri · 1935
- United States Fidelity & Guaranty Co. v. Fidelity National Bank & Trust Co.Missouri Court of Appeals · 1937
- Owens v. OwensSupreme Court of Missouri · 1941
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