Legal Opinion · Concurrence

Basore v. Johnson

Missouri Court of Appeals

Decided March 19, 1985No. 13752, 13756Published

1Concurrence

PREWITT, Chief Judge.

I agree with the majority opinion on appeal No. 13756. Although I see some considerations favoring its reasoning on appeal No. 13752,1 respectfully disagree with that reasoning.

I believe that § 442.390, RSMo 1978, imparts notice to Johnson of the contents of the deed from the Edwardses to the Barnetts. The deed conveyed a “negative easement” in tract B. See Tracy v. Klausmeyer, 305 S.W.2d 84, 88 (Mo.App.1957). That deed might not be a “link” in the “chain” of documents by which Johnson acquired his interest in tract B, but it was in his “chain of title” as a document by…

2Cases cited15 opinions

  1. MacDonald v. PainterTexas Supreme Court · 1969
  2. King v. St. Louis Union Trust Co.Supreme Court of Missouri · 1910
  3. McLean v. ThurmanCourt of Appeals of Kentucky (pre-1976) · 1954
  4. Howland v. AndrusSupreme Court of New Jersey · 1913
  5. Hall v. American Oil CompanyMissouri Court of Appeals · 1973

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