Legal Opinion

Kitchen v. Hawley

Missouri Court of Appeals

Decided October 1, 1910PublishedCited by 20 opinions

Appeal from St. Louis City Circuit Court. — Hon. M. N. s Bale, Judge. (1) Covenants in a deed restricting the character of buildings to be erected should be fairly and reasonably construed so as to carry out the evident purpose of the restriction. 1 Jones on Eeal Property, sec. 735; Sanders v. Dixon, 114 Mo. App. 229; MacGregor y. Linney, 27 Ohio Cir. 490; Meigs v. Milligan, 177 Pa. St. 74; Schenck v. Campbell, 11 Abb.

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Appeal from St. Louis City Circuit Court. — Hon. M. N. s Bale, Judge. (1) Covenants in a deed restricting the character of buildings to be erected should be fairly and reasonably construed so as to carry out the evident purpose of the restriction. 1 Jones on Eeal Property, sec. 735; Sanders v. Dixon, 114 Mo. App. 229; MacGregor y. Linney, 27 Ohio Cir. 490; Meigs v. Milligan, 177 Pa. St. 74; Schenck v. Campbell, 11 Abb. Pr. 292; Harris v. Eoraback, 137 Mich. 292; Dorr v. Harrahan, 101 Mass. 532. (2) Such covenants should be construed in the light of the circumstances surrounding their creation…

1Opinion of the Court

NORTON!, J.

This is an injunction proceeding by which it is sought to restrain defendant from erecting a building in violation of an alleged covenant of restriction. The court declared as a matter of law on the face of the petition that the erection of a building described therein would not infringe the restriction pleaded and gave judgment for defendant accordingly. Prom this judgment plaintiff prosecutes an appeal.

It appears from the petition that about 1887 the Western Realty Company formulated a plan to sell and dispose of certain lots in the city of St. Louis subject to the restrictive…

2Cases cited6 opinions

  1. Hutchinson v. UlrichIllinois Supreme Court · 1893
  2. Kitching v. . BrownNew York Court of Appeals · 1905
  3. Sanders v. DixonMissouri Court of Appeals · 1905
  4. Scharer v. PantlerMissouri Court of Appeals · 1907
  5. Stone v. PillsburyMassachusetts Supreme Judicial Court · 1897

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Moore v. StevensSupreme Court of Florida · 1925
  2. Gardner v. MaffittSupreme Court of Missouri · 1934
  3. Pierce v. St. Louis Union Trust Co.Supreme Court of Missouri · 1925
  4. Fischer v. ReissigCourt of Appeals of Texas · 1940
  5. Kenwood Land Co. v. Hancock Investment Co.Missouri Court of Appeals · 1913

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