Legal Opinion

Semple v. Schwarz

Missouri Court of Appeals

Decided March 3, 1908PublishedCited by 21 opinions

Appeal from St. Louis City Circuit Court. — Now. Horatio D. Wood, Judge. Decebe eoe plaintiff in couet of appeals. (1) The defendants- are not using the premises in such manner as to violate the alleged restriction. The work of a physician is not business within the meaning of the restriction.

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Appeal from St. Louis City Circuit Court. — Now. Horatio D. Wood, Judge. Decebe eoe plaintiff in couet of appeals. (1) The defendants- are not using the premises in such manner as to violate the alleged restriction. The work of a physician is not business within the meaning of the restriction. Ex parte Breull, L. R., 16 Ch. Div. 484; Dent v. West Virginia, 129 U. S. 121; State v. Dent, 25 W. Va. 1; State v. Gregory, 83 Mo. 133; State v. Medical Board, 32 Minn. 324; State v. Knowles, 90 Md. 658; People v. Phippin, 70 Mich. 20; Singer v. State, 72 Md. 464; Orr v. Meek, 111 Ind. 40; Eastman v.…

1Opinion of the CourtBland, P. J.

(after stating the facts). — 1. The deed of Mrs. Schwarz’s immediate grantor was duly acknowledged and recorded in the recorder’s office in the city of St. Louis at the time she and her husband bought the lot in question. This deed imported notice of its contents to them and all other persons (R. S. 1899, sec. 924), therefore, defendants must be deemed to have purchased the lot with notice of the covenants and restrictions. [Geer v. Lumber and Mining Co., 184 Mo. 84.]

2. The deeds of Fullerton and all those of his tes*73tamentary trustee, to lots fronting on McPherson avenue and platted in…

2Cases cited9 opinions

  1. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  2. Western Union Telegraph Co. v. TaggartSupreme Court of the United States · 1896
  3. Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.Texas Supreme Court · 1893
  4. Watkins v. HallTexas Supreme Court · 1882
  5. Ragsdale v. NagleCalifornia Supreme Court · 1895

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

3Cited by21 opinions

  1. Masonic Accident Insurance v. JacksonIndiana Supreme Court · 1929
  2. Massolini v. DriscollSupreme Court of Connecticut · 1932
  3. Hazen v. National Rifle Ass'n of AmericaCourt of Appeals for the D.C. Circuit · 1938
  4. Suburbia Gardens Nursery, Inc. v. County of St. LouisSupreme Court of Missouri · 1964
  5. Briggs v. HendricksCourt of Appeals of Texas · 1946

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

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