Zinn v. Sidler
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The mere designation upon the plat of a subdivision of land, or addition, whether within or without a city, of a plain line or lines, and writing on the plat near or along such line or lines the words “Building Line” is too indefinite and indeterminate, and is not a sufficient expression of a positive and perpetual restriction upon the use of the land to be binding as a restriction of the ordinary and…
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Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The mere designation upon the plat of a subdivision of land, or addition, whether within or without a city, of a plain line or lines, and writing on the plat near or along such line or lines the words “Building Line” is too indefinite and indeterminate, and is not a sufficient expression of a positive and perpetual restriction upon the use of the land to be binding as a restriction of the ordinary and usual exercise of ownership and enjoyment of land. Claims of restriction upon the right to ordinary enjoyment of property…
1Opinion of the CourtWalker, J.
— This is a suit in equity brought in the circuit court of Jackson County at Kansas City to enjoin defendants from erecting a building on a lot in McKinney Heights in said city. »
A restraining order was granted and later dissolved. After its dissolution and before the trial, defendants erected a building on said lot. In September, 1912, a trial was had resulting in a judgment for plaintiffs, requiring defendants, within ninety days thereafter, to remove so much of said building as projected over the building line on the *684lot, and restraining defendants from erecting or maintaining a building…
2Cases cited9 opinions
- Stoepler v. SilberbergSupreme Court of Missouri · 1909
- Kitchen v. HawleyMissouri Court of Appeals · 1910
- Hisey v. Eastminster Presbyterian ChurchMissouri Court of Appeals · 1908
- Miller v. KleinMissouri Court of Appeals · 1913
- Simpson v. MikkelsenIllinois Supreme Court · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gardner v. MaffittSupreme Court of Missouri · 1934
- Hoag v. McBride & Son Inv. Co., Inc.Missouri Court of Appeals · 1998
- Lowe v. WilsonTennessee Supreme Court · 1952
- Central Drug Store v. AdamsTennessee Supreme Court · 1947
- Cook v. Tide Water Associated Oil CompanyMissouri Court of Appeals · 1955
14 more not listed; retrieve them via the Exa API.