Hisey v. Eastminster Presbyterian Church
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Now. Henry L. McCune, Judge. (1) Under the pleadings and evidence of this case, the court committed error in rendering judgment for the plaintiff. (2) The particular, covenant pleaded and relied upon by the plaintiff, did not run with, or bind the defendants’ land, or operate in any way to restrict them in their use of it. 5 Pomeroy on Equity Jurisprudence, sec. 272, note 10; Hall v. Wesster, 7 Mo.
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Appeal from Jackson Circuit Court. — Now. Henry L. McCune, Judge. (1) Under the pleadings and evidence of this case, the court committed error in rendering judgment for the plaintiff. (2) The particular, covenant pleaded and relied upon by the plaintiff, did not run with, or bind the defendants’ land, or operate in any way to restrict them in their use of it. 5 Pomeroy on Equity Jurisprudence, sec. 272, note 10; Hall v. Wesster, 7 Mo. App. 56; Railroad v. Railroad, 41 Minn. 461, 43 N. W. 473 ; 2 Kerr on Real Property, sec. 1218; 3 Pomeroy on Equity Jurisprudence, sec. 295, note c; Railroad v.…
1Opinion of the CourtBroaddus, P. J.
This is an injunction suit to restrain the defendant from erecting a church building on a ‘certain lot in Kansas City in what is known as the Abington Addition. The facts are that the Abing-ton Land Company opened up an addition with the view of haying it built up with residences. The plain*570tiff bought a lot in the addition and erected a residence thereon, upon the inducement that the land in the addition would be used for that purpose only. This contract of purchase was duly recorded on August 11, 1903. On the 28th day of that month the company made him a deed to the lot, which has the…
2Cases cited1 opinion
- Coughlin v. BarkerMissouri Court of Appeals · 1891
3Cited by18 opinions
- Rombauer v. Compton Heights Christian ChurchSupreme Court of Missouri · 1931
- Turner v. BrocatoCourt of Appeals of Maryland · 1973
- Dixon v. Van Sweringen Co.Ohio Supreme Court · 1929
- Bowers Welding and Hotshot, Inc. v. BromleyWyoming Supreme Court · 1985
- Johnson v. Mt. Baker Park Presbyterian ChurchWashington Supreme Court · 1920
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