Legal Opinion

Sicher v. Rambousek

Supreme Court of Missouri

Decided January 31, 1906PublishedCited by 12 opinions

Appeal form St. Louis City Circuit Court. — Row. Franklin Ferriss, Judge. (1) Plaintiffs are estopped from maintaining this action or of haviug “agreement” reformed or enforced in any shape against defendant, hy reason of their deed to Solomon Emanuel and his deed to Isadore Simon, both of which deeds convey lot 30 free of the agreement and one of said deeds was executed prior to the recording of the “agreement.”

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Appeal form St. Louis City Circuit Court. — Row. Franklin Ferriss, Judge. (1) Plaintiffs are estopped from maintaining this action or of haviug “agreement” reformed or enforced in any shape against defendant, hy reason of their deed to Solomon Emanuel and his deed to Isadore Simon, both of which deeds convey lot 30 free of the agreement and one of said deeds was executed prior to the recording of the “agreement.” And Simon, being a stranger, bought without notice or knowledge of the said agreement, and plaintiffs cannot recover the use of any part of lot 30 in the face of their own deeds.…

1Opinion of the CourtGantt, J.

— Plaintiffs, in their amended petition, allege that on July 18,1864, one Joseph Emanuel, Jacob Emanuel, and thé plaintiff William Sicher, were the owners of three adjacent lots of ground, each having a front of twenty-five feet on the north line of Park avenue, in the city of St. Louis, by a depth of one hundred and eight feet to an east and west alley, said Joseph Emanuel being the owner of lot number 28, Jacob Emanuel of lot number 30, and plaintiff Sicher of the intervening lot number 29 ; that being desirous of creating certain easements appurtenant to said lots-for the use and benefit…

2Cases cited8 opinions

  1. State v. MarshallSupreme Court of Missouri · 1865
  2. Martin v. NixonSupreme Court of Missouri · 1887
  3. Ryan v. GrowneySupreme Court of Missouri · 1894
  4. Seiberling, Miller & Co. v. TiptonSupreme Court of Missouri · 1893
  5. Chamberlin v. Mammoth Mining Co.Supreme Court of Missouri · 1854

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

3Cited by12 opinions

  1. Walters v. TuckerSupreme Court of Missouri · 1957
  2. St. Louis 221 Club v. Melbourne Hotel Corp.Missouri Court of Appeals · 1950
  3. Weight v. BaileyUtah Supreme Court · 1915
  4. Luker v. MoffettSupreme Court of Missouri · 1931
  5. Hoxsey Hotel Co. v. Farm & Home Savings & Loan Ass'nSupreme Court of Missouri · 1942

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