Legal Opinion

Keating v. Korfhage

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 8 opinions

Appeal from Jackson Circuit Court. — IIon. T. A. Gill, Judge. The agreement in this case was as follows: “This article of agreement made and entered into on this thirtieth day of August, 1870, by and between William J. Smith and George J. Keating, of City of Kansas, county of Jackson, in the state of Missouri, parties of the first part, and August F. Korfhage, of the City of Weston, county of Platte, and state aforesaid, party of the second part.

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Appeal from Jackson Circuit Court. — IIon. T. A. Gill, Judge. The agreement in this case was as follows: “This article of agreement made and entered into on this thirtieth day of August, 1870, by and between William J. Smith and George J. Keating, of City of Kansas, county of Jackson, in the state of Missouri, parties of the first part, and August F. Korfhage, of the City of Weston, county of Platte, and state aforesaid, party of the second part. “ Witnesseth : Whereas, said Smith & Keating are the owners of and seized of the title in fee of, in and to lot number two hundred and eighty-two…

1Opinion of the CourtSherwood, J.

I. Under the authority of the case of Sharp v. Cheatham, ante, 498, the agreement made between Smith & Keating, and August F. Korfhage whereby they bound themselves, their heirs and vendees, in relation to a party wall between their respective lots 282 and 281, in block 29, “Old Town,” Kansas City, must be regarded as binding and creating an equitable charge, easement and servitude on the lot 281 then owned by August F. Korfhage. And this agreement having been duly executed, acknowledged and put to record and Smith & Keating having built on their lot, any one purchasing afterward from August…

2Cases cited2 opinions

  1. Black v. RogersSupreme Court of Missouri · 1882
  2. Dallas County v. MerrillSupreme Court of Missouri · 1883

3Cited by8 opinions

  1. Rosenheim v. HartsockSupreme Court of Missouri · 1886
  2. Lingle Water Users' Ass'n v. Occidental Building & Loan Ass'nWyoming Supreme Court · 1931
  3. Hoffman v. DicksonWashington Supreme Court · 1907
  4. Rugg v. LemleySupreme Court of Arkansas · 1906
  5. Stehr v. RabenNebraska Supreme Court · 1891

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