Doerr v. Cobbs
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Virgil Rule, Judge. (1) The petition does not state a cause of action in that if fails to allege any facts to show that plaintiffs have any rights under the alleged restriction on defendant’s lot. Sanders v. Nixon, 114 Mo. App. 229; Haines v. Einwachter, 55 Atl. 38; Badger v. Boardman, 16 Gray (Mass.) 559; Meriwether v. Joy, 85 Mo. App. 634; Coughlin v. Barker, 46 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Virgil Rule, Judge. (1) The petition does not state a cause of action in that if fails to allege any facts to show that plaintiffs have any rights under the alleged restriction on defendant’s lot. Sanders v. Nixon, 114 Mo. App. 229; Haines v. Einwachter, 55 Atl. 38; Badger v. Boardman, 16 Gray (Mass.) 559; Meriwether v. Joy, 85 Mo. App. 634; Coughlin v. Barker, 46 Mo. App. 60; Sharp v. Ropes, 110 Mass. 381; DeGray v. Monmouth, 50 N. J. Eq. 329; Mulligan v. Jordan, 50 N. J. Eq. 363; McNichol v. Townsend, 67 Atl. 938. (2) The deed executed by…
1Opinion of the CourtGoode, J.
Plaintiffs and defendant own lots in what is known as “Reber’s Subdivision in the city of St. Louis,” and in city block No. 4068. The lot of plaintiffs fronts fifty feet on the south line of Odell avenue, running east and west, lies immediately west of an alley running north and south, and extends southward 190 fee,t to an east and west alley. The description of the property is the east fifty feet of lot 31, in city block 4068. Defendant owns a parcel of ground lying immediately east of the north and south alley, which therefore separates it from plaintiff’s lot. Defendant’s tract extends 190…
2Cases cited8 opinions
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Summers v. BeelerCourt of Appeals of Maryland · 1899
- Sharp v. RopesMassachusetts Supreme Judicial Court · 1872
- Coughlin v. BarkerMissouri Court of Appeals · 1891
- Dana v. WentworthMassachusetts Supreme Judicial Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Peters v. BucknerSupreme Court of Missouri · 1921
- Vogeler v. Alwyn Improvement Corp.New York Court of Appeals · 1928
- Rowe v. MayNew Mexico Supreme Court · 1940
- Toothaker v. PleasantSupreme Court of Missouri · 1926
- Mellitz v. Sunfield Co.Supreme Court of Connecticut · 1925
8 more not listed; retrieve them via the Exa API.