Legal Opinion

Thompson v. Langan

Missouri Court of Appeals

Decided March 1, 1913PublishedCited by 17 opinions

Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The'trial court erred in rendering a decree for defendants and dismissing plaintiff’s bill because it was clearly proved that the lots in question were subject, to restrictive covenants which defendants had violated and were intending to continue to violate. Sanders v. Dickson, lié Mo. App. 229; Godfrey v. Hampton, 148 Mo. App. 157; Semple v. Schwarz, 130 Mo. App. 65; Ketchen v. Hawley, 150 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The'trial court erred in rendering a decree for defendants and dismissing plaintiff’s bill because it was clearly proved that the lots in question were subject, to restrictive covenants which defendants had violated and were intending to continue to violate. Sanders v. Dickson, lié Mo. App. 229; Godfrey v. Hampton, 148 Mo. App. 157; Semple v. Schwarz, 130 Mo. App. 65; Ketchen v. Hawley, 150 Mo. App. 49.7; Spahr v. Cape, 143 Mo. App. 114; Noel v. Hill, 158 Mo. App. 426; Compton Hill Imp. Co. v. Stranch, 162 Mo. App.…

1Opinion of the Court

REYNOLDS, P. J. (after stating the facts).—

We have no indication of the theory upon which the learned trial court disposed of the case, other than as afforded by a ruling that he made when a witness was being cross-examined by counsel for defendants, which appears in the abstract. That witness was asked whether a suit for injunction had been brought to enjoin the erection of the two groups of flats mentioned. This was objected to as immaterial, whereupon the court remarked: “Where you stand by and see restrictions of that kind repeatedly violated and make no effort to restrain them by law it…

2Cases cited8 opinions

  1. Hutchinson v. UlrichIllinois Supreme Court · 1893
  2. King v. St. Louis Union Trust Co.Supreme Court of Missouri · 1910
  3. Sanders v. DixonMissouri Court of Appeals · 1905
  4. Scharer v. PantlerMissouri Court of Appeals · 1907
  5. Spahr v. CapeMissouri Court of Appeals · 1909

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3Cited by17 opinions

  1. Rombauer v. Compton Heights Christian ChurchSupreme Court of Missouri · 1931
  2. Osius v. BartonSupreme Court of Florida · 1933
  3. Osius v. BartonSupreme Court of Florida · 1933
  4. Ludgate v. SomervilleOregon Supreme Court · 1927
  5. Thodos v. ShirkSupreme Court of Iowa · 1956

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