Blackmore v. Boardman
Supreme Court of Missouri
Appeal from St. Louis Land Court. This cause was heard before the supreme court upon the following agreed statement of facts: “ This was an action of ejectment brought by the plaintiff Blackmore against the defendant Boardman to recover possession of the premises in the petition mentioned and described, being a lot or parcel of ground situated in the city of St. Louis, containing one arpent and 66-100. The defendant answered, and the cause, by consent, was tried by the…
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Appeal from St. Louis Land Court. This cause was heard before the supreme court upon the following agreed statement of facts: “ This was an action of ejectment brought by the plaintiff Blackmore against the defendant Boardman to recover possession of the premises in the petition mentioned and described, being a lot or parcel of ground situated in the city of St. Louis, containing one arpent and 66-100. The defendant answered, and the cause, by consent, was tried by the court. The facts as they appeared on the trial were as follows : By deed dated October 25, 1847, the board of President and…
1Opinion of the CourtRichardson, Judge
The numerous authorities cited by the defendant’s counsel establish in his favor the first two propositions presented in the statement. As the law discourages perpetuities, it does not favor covenants for continued renewals ; but, when they are clearly made, their binding obligation is recognized and will be enforced. The covenant for renewal is only an incident to the lease, and as it can not be passed without the principal, the conveyance of the principal by a proper description will necessarily carry the incident. They are inseparable, and a right of action can not exist in favor of a…
2Cited by20 opinions
- Lonergan v. Connecticut Food Store, Inc.Supreme Court of Connecticut · 1975
- Howard v. Schildberg Const. Co., Inc.Supreme Court of Iowa · 1995
- Arnot v. AlexanderSupreme Court of Missouri · 1869
- Becker v. Submarine Oil Co.California Court of Appeal · 1921
- Thaw v. GaffneyWest Virginia Supreme Court · 1914
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