Missouri Appeal Reports Volume 158

Missouri Appeal Reports Volume 158

List price: US$39.38

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks


This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...v. Cowles, supra, l. c. 249. The judgment of the circuit court is reversed and the cause remanded with directions to the "court to enter up a decree construing the will as here indicated. It is further ordered that the costs of this appeal be taxed against appellants, payable out of the trust estate. N ortoni and Canlfield, JJ., concur. HENRY M. NOEL et al., Respondents, v. ROLAND HILL, Appellant. i St. Louis Court of Appeals. Argued and Submitted March 9, 1911. Opinion Filed June 6,1911. 1. BUILDING RESTRICTIONS: Validity. While the law favors the free use of real estate, proper building restrictions on the use of property of such a character as thelaw permits to be attached to land, so as to restrict the use of one parcel thereof in favor of another, are valid and enforceable on equitable grounds. 2.--i: --i: Perpetuities. A deed to a lot, which recognizes that the grantor has laid out a block into lots, subject to building restrictions, and which stipulates that after twentyfive years the owners of the greater part of the frontage on the street may modify' or repeal the restrictions, and which contains no provision preventing the owners of all the lots at any time, by consent of all, from removing the restrictions, is not objectionable as creating a perpetuity, since a perpetuity is created only when there are no persons in being who can convey an absolute fee in possession, discharged of a future use or estate. 3.-i---: ----i: Run with Land. A grantor of land may ' restrict its use in a particular way, provided such restriction is not against public policy; and a covenant of this character runs with the land, when either the liability to perform it or the right to enforce it passes to the assignee or vendee of the land if he...show more

Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236757726
  • 9781236757722