Kelly v. Mosby
Supreme Court of Oklahoma
.Error from District Court, Tillman County; George A. Ahern, Special Judge. Action by George W. Mosby and G. A. Swartz against Alice Kelly, W. E. Douglas, and Alice Kelly, as guardian of Mattie Kelly, Richard Kelly, and Ben Kelly, minors, to enjoin the construction of buildings on a part of a lot in the town of Frederick. Injunction granted, and defendants bring error.
1Opinion of the Court
Opinion by
AMES, C.
Mosby and Swartz, the defendants in error, plaintiffs below, brought this action, seeking to enjoin the defendants (plaintiffs in error) from violating a contract between Mosby and Swartz and W. H. Kelly, the ancestor of the defendants. By this contract Kelly conveyed to Mosby and Swartz a right of way. over the west side of lot 10, block 36, in the town of Frederick, tO' be used only as a foot passageway for a term of ten years, so that they might have an entrance to the rear of their building then being constructed on the adjoining lot. Upon Kelly’s death, the property…
2Cases cited15 opinions
- Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
- St. Andrew's Lutheran Church's AppealSupreme Court of Pennsylvania · 1871
- Schwoerer v. Boylston Market Ass'nMassachusetts Supreme Judicial Court · 1868
- Goldsborough v. HewittSupreme Court of Oklahoma · 1909
- Gleason v. SprayCalifornia Supreme Court · 1889
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3Cited by19 opinions
- Sperry Oil & Gas Co. v. ChisholmSupreme Court of the United States · 1924
- Whelan v. AdamsSupreme Court of Oklahoma · 1914
- Hawkins v. CorbitSupreme Court of Oklahoma · 1921
- Long v. TalleySupreme Court of Oklahoma · 1921
- Standard Savings Loan Association v. ActonSupreme Court of Oklahoma · 1936
14 more not listed; retrieve them via the Exa API.