Meriwether v. Joy
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) The petition does not state a cause of action, nor does the evidence show any failure to comply with the conditions named in the deed. The restriction in question is: “No building shall be erected within thirty feet of the north line of Morgan street.” TJie petition and evidence show but a very small part of a building was erected on the restricted ground.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) The petition does not state a cause of action, nor does the evidence show any failure to comply with the conditions named in the deed. The restriction in question is: “No building shall be erected within thirty feet of the north line of Morgan street.” TJie petition and evidence show but a very small part of a building was erected on the restricted ground. The petition is loose and uncertain. 2 High on Injunctions, sec. 1137; Hutchinson et al. v. Ulrich, 145 111. 336; 155 111. 335. (2) As the defendant, Minor…
1Opinion of the CourtBiggs, J.
— This action is prosecuted by Minor Meriwether and John T. Wallace, curator of the estates of Susie Lee Meriwether and Elizabeth Meriwether, who are minors and grandchildren of Minor Meriwether. The object of the suit is to enjoin the defendant Joy from erecting a building on a lot on Morgan street in violation of a restriction contained in his deed. Minor Meriwether conveyed the lot to him, and the deed contains the following covenant or condition, to-wit: “No building shall be erected within thirty feet of the north line of Morgan street; no livery, sale or boarding stable, blacksmith shop…
2Cited by10 opinions
- Baederwood, Inc. v. MoyerSupreme Court of Pennsylvania · 1952
- Peters v. BucknerSupreme Court of Missouri · 1921
- McKee v. DowningSupreme Court of Missouri · 1909
- Ladner v. SiegelSupreme Court of Pennsylvania · 1928
- Doerr v. CobbsMissouri Court of Appeals · 1909
5 more not listed; retrieve them via the Exa API.