Legal Opinion

Stevens v. Annex Realty Co.

Supreme Court of Missouri

Decided March 31, 1903PublishedCited by 8 opinions

Appeal from St. Louis City Circuit Court. — New. H. D. Wood, Judge. (1) The so-called trust is an unlawful suspension of alienation, and is in' violation of the rule against perpetuities. Williams v. Herrick, 32 A. 913; In re Walkerly, 49 Am.

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Appeal from St. Louis City Circuit Court. — New. H. D. Wood, Judge. (1) The so-called trust is an unlawful suspension of alienation, and is in' violation of the rule against perpetuities. Williams v. Herrick, 32 A. 913; In re Walkerly, 49 Am. St. 97; Cottman v. Grace, 3 L. E. A. 145; Adams v. Perry, 43 N. Y. 487; Barnum v. Barnum, 26 Md. 171; Missionary Society v. Humphreys, 91 Md. 131; Prettyman v. Baker, 91 Md. 538; Andrews v. Lincoln, 50 A. 898; In re Corle, 48 A. 1027; Bigelow v. Cady, 171 111. 229; In re Murray’s Will, 69 N. Y. S. 491; Walker v. Taylor, 44 N. Y. S. 446; 1 Washburn on…

1Opinion of the CourtBurgess, J.

This is an equitable proceeding, the purpose of which is to enforce against defendant, the owner of a lot, an assessment made upon the lot in pursuance to the covenant of a deed through which it claims title, and to declare the assessment a lien upon the lot.

The case was submitted to the court upon an agreed statement of facts which shows that on April 10, 1885, Angus G. Kennedy and Annie E. Kennedy, his wife, and Willis H. Plunkett and his wife, made a conveyance to Fry, Tebbetts, Croy, Doan and Pye, as hereinafter stated. The deed of conveyance recites that whereas the grantors are the…

2Cases cited3 opinions

  1. Adams v. . PerryNew York Court of Appeals · 1871
  2. Cottman v. . GraceNew York Court of Appeals · 1889
  3. Howard Manufacturing Co. v. Water Lot Co.Supreme Court of Georgia · 1875

3Cited by8 opinions

  1. Hancock v. GummSupreme Court of Georgia · 1921
  2. Lake Wauwanoka, Inc. v. SpainMissouri Court of Appeals · 1981
  3. Melvin v. HoffmanSupreme Court of Missouri · 1921
  4. Noel v. HillMissouri Court of Appeals · 1911
  5. Porter v. JohnsonMissouri Court of Appeals · 1938

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