Henderson v. Millis

UHLENHOPP, Justice.

This appeal involves two instruments relating to restrictions and a preemptive right (right of “first refusal”). Although defendant-appellant presents a number of issues, we consider only those which he presented to the trial court: whether (1) the preemptive right was triggered by sheriff’s sale of the property; (2) defendant was a bona fide purchaser for value; (3) plaintiffs-appellees are barred from relief by laches, estoppel, waiver, and consent; (4) the preemptive right violated the rule against perpetuities; and (5) plaintiffs slandered defendant's title.

In 1967 Carl…