Blair v. St. Louis, Keokuk & Northwestern Railway Co.
Missouri Court of Appeals
Appeal from Lewis Circuit Court. — Ron. E. B. McKee, Judge. (1) The court has a discretion to grant or to withhold the remedy, and should withhold it, if the relief sought is inequitable. Marble Oo. v. Eipley, 10 Wall (IT. S.) 339; Blanchard v. Railroad, 31 Mich. 43; Railroad v. Speers, 32 Ga. 550; Story’s Eq. Juris., secs. 750, 776; City of Marshall v. Railroad, 10 Su. Ot.
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Appeal from Lewis Circuit Court. — Ron. E. B. McKee, Judge. (1) The court has a discretion to grant or to withhold the remedy, and should withhold it, if the relief sought is inequitable. Marble Oo. v. Eipley, 10 Wall (IT. S.) 339; Blanchard v. Railroad, 31 Mich. 43; Railroad v. Speers, 32 Ga. 550; Story’s Eq. Juris., secs. 750, 776; City of Marshall v. Railroad, 10 Su. Ot. Rep. 846; Murfeldt v. Railroad, 25 A. & E. 144. (2) Respondent asks for specific performance of the covenants named in the deed. The remedy sought is inequitable. The enforcement of this contract will require judicial…
1Opinion of the CourtBland, P. J.
I. Plaintiff as a witness testified that he had knowledge of the fact that the railroad was completed and in operation over his land early in April, 1871, and that it had been continuously operated by defendant and its predecessors up to the present time. In Nóvember 1875, the company then owning the road, executed a mortgage on the entire road and its franchises to secure its bonded indebtedness. This mortgage was foreclosed and the road bought in by C. E. Perkins for the bondholders in 1887. In 1888, Perkins sold and conveyed the road to the defendant company.
After the execution of the…
2Cases cited12 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- The Max MorrisSupreme Court of the United States · 1890
- Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
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3Cited by3 opinions
- Kansas City v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1930
- Snip v. City of LamarMissouri Court of Appeals · 1947
- Indianapolis Northern Traction Co. v. EssingtonIndiana Supreme Court · 1912