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Gibbs v. Cass

431 S.W.2d 662, 1968 Mo. App. LEXIS 665
Missouri Court of Appeals·Decided June 14, 1968·No. 32893·Published·Cited by 18 cases

Opinion

RUDDY, Judge.

This is a suit in equity to enjoin the alleged violation of a restrictive covenant prohibiting the resubdivision of a lot owned by defendants. Defendants in their answer deny the applicability of the restrictive covenant to their proposed action and plead affirmative defenses of waiver and abandonment of the restrictive covenant and change in the character and condition, since the adoption of the restrictive covenant, of the neighborhood within which the properties owned by plaintiffs and defendants is situated. Injunctive relief was granted plaintiffs and defendants appealed.

Plaintiffs brought this action as property owners in the Heather Acres Subdivision and additionally, Thomas A. Gibbs, John W. Schaper and John C. Bodine brought it as Trustees of said subdivision. Most of the material facts have been agreed to by the parties and are contained in a stipulation signed by the attorneys for the respective parties and filed in the trial court. Other facts were supplied by the witnesses for the respective parties. We observe no significant disagreement between the parties as to the pertinent facts.

The Glen Oaks Corporation was the owner of a large tract of land and at some time prior to August 11, 1950 it caused said tract of land to be subdivided into lots. On the aforesaid date said Glen Oaks Corporation caused a plat, showing said property as it was subdivided, to be recorded in the office of the Recorder of Deeds for St. Louis County, Missouri. A reproduction of said plat as filed (except as noted hereinafter) is inserted here in reduced form.

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Gibbs v. Cass, 431 S.W.2d 662, 1968 Mo. App. LEXIS 665 (Mo. Ct. App. 1968).

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