Miller v. Klein
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. W. B. Homer, Judge. (1) The plaintiff states no cause of action in her petition, (a) She relies solely on the restrictions contained in the deed from West End Realty Company to November Investment Company of July 25, 1907. She does not state that this deed or any other deed containing restrictions was recorded or that the defendant, at the time he purchased his property had any kind of notice of that deed, or any other deed, or…
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Appeal from St. Louis City Circuit Court.—Hon. W. B. Homer, Judge. (1) The plaintiff states no cause of action in her petition, (a) She relies solely on the restrictions contained in the deed from West End Realty Company to November Investment Company of July 25, 1907. She does not state that this deed or any other deed containing restrictions was recorded or that the defendant, at the time he purchased his property had any kind of notice of that deed, or any other deed, or of the existence of any restrictions in favor of any one, on the property, (b) The plaintiff does not state that the…
1Opinion of the CourtAllen, J.
This is a suit to enjoin the defendants from erecting what is known as flats or apartment buildings upon certain parcels of land in the city of St. Louis, upon the ground that the same would be in violation of certain, restrictions imposed by deed upon the use thereof. Defendant Klein is the owner of the land in question, and the defendant Robinson had contracted with his co-defendant, Klein, to erect thereupon, for the latter, buildings of the character mentioned. Plaintiff is the owner of a lot of ground *564in the vicinity of that of defendant Klein, subject to the same restrictions and…
2Cases cited4 opinions
- Coughlin v. BarkerMissouri Court of Appeals · 1891
- King v. St. Louis Union Trust Co.Supreme Court of Missouri · 1910
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Spahr v. CapeMissouri Court of Appeals · 1909
3Cited by13 opinions
- Rombauer v. Compton Heights Christian ChurchSupreme Court of Missouri · 1931
- Vinyard v. St. Louis CountySupreme Court of Missouri · 1966
- Pierce v. St. Louis Union Trust Co.Supreme Court of Missouri · 1925
- Cook v. Tide Water Associated Oil CompanyMissouri Court of Appeals · 1955
- Swain v. MaxwellSupreme Court of Missouri · 1946
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