restriction claim (Texas) · Go Syfert
← Texas issues

restriction claim in Texas

21 Texas opinions name it 2 courts 1847–2018 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Diaz v. Westphalgreen
tex · 1997 · cited in 3 Texas opinions naming this issue, 2001–2003
2 sentences

2003Shah , 67 S.W.3d at 842 ; Diaz v. Westphal , 941 S.W.2d 96, 100 (Tex. 1997).

2003Shah, 67 S.W.3d at 842 ; Diaz v. Westphal, 941 S.W.2d 96, 100 (Tex.1997).

33
Norman Communications v. Texas Eastman Co.green
tex · 1997 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Norman Commc’ns v. Tex. Eastman Co., 955 S.W.2d 269, 270 (Tex. 1997) (per curiam).

11
Spencer v. Maverickgreen
texapp · 1941 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013Stewart, 178 S.W.2d at 508 ; Garlington, 921 S.W.2d at 552-53 . “‘[A] violation of a restrictive covenant at a point on a tract distant from the lot of an individual lot owner may be of no interest whatever to such an owner, and cannot appropriately call for affirmative action on his part.’” Spencer v. Maverick, 146 S.W.2d 819, 824 (Tex. Civ.

11
Fetick v. American Cyanamid Co.green
mo · 2001 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008Thompson, 38 S.W.3d at 415.

11
Finch v. Trentgreen
texapp · 1893 · cited in 1 Texas opinions naming this issue, 1963–1963
2 sentences

1963App. 568, 22 S.W. 132, 133 (1893) no writ history, observes that "[w]hile the doctrine that a quitclaim deed will not support a title founded alone upon a bona fide purchase has been the recognized rule in this state since the decision in Rodgers v. Burchard, 34 Tex. [441, 442] 453, and Harrison v. Boring, 44 Tex. [255] 260, the trend of the later cases seems to be towards a restriction of the rule." This trend seems to have continued, as borne out for example, by Williams v. Rabb, Tex.Civ.App. (1942), 161 S.W.2d 121 , wr. ref.

1963However, Finch v. Trent, 3 Tex.Civ.App. 568 , 22 S.W. 132, 133 (1893) no writ history, observes that “[wjhile the doctrine that a quitclaim deed will not support a title founded alone upon a bona fide purchase has been the recognized rule in this state since the decision in Rodgers v. Burchard, 34 Tex. [441, 442] 453, and Harrison v. Boring, 44 Tex. [255] 260, the trend of the later cases seems to be towards a restriction of the rule.” This trend seems to have continued, as borne out for example, by Williams v. Rabb, Tex.Civ.App. (1942), 161 S.W.2d 121 , wr. ref.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Moreno v. Sterling Drug, Inc. green
tex · 1990
2 sentences

2003Id.

2002Id.

91995–2003
Shah v. Moss green
tex · 2002
2 sentences

2003Shah , 67 S.W.3d at 842 ; Diaz v. Westphal , 941 S.W.2d 96, 100 (Tex. 1997).

2003Shah, 67 S.W.3d at 842 ; Diaz v. Westphal, 941 S.W.2d 96, 100 (Tex.1997).

22003–2003
Garlington v. Boudreaux green
texapp · 1996
1 sentence

2013Stewart, 178 S.W.2d at 508 ; Garlington, 921 S.W.2d at 552-53 . “‘[A] violation of a restrictive covenant at a point on a tract distant from the lot of an individual lot owner may be of no interest whatever to such an owner, and cannot appropriately call for affirmative action on his part.’” Spencer v. Maverick, 146 S.W.2d 819, 824 (Tex. Civ.

12013–2013
Stewart v. Welsh green
tex · 1944
1 sentence

2013Stewart, 178 S.W.2d at 508 ; Garlington, 921 S.W.2d at 552-53 . “‘[A] violation of a restrictive covenant at a point on a tract distant from the lot of an individual lot owner may be of no interest whatever to such an owner, and cannot appropriately call for affirmative action on his part.’” Spencer v. Maverick, 146 S.W.2d 819, 824 (Tex. Civ.

12013–2013
Thompson v. Texas Department of Criminal Justice-Institutional Division green
texapp · 2001
1 sentence

2008Thompson , 33 S.W.3d at 415 .

12008–2008
Texas Employers' Insurance Ass'n v. Garza green
texapp · 1957
2 sentences

2001Id.

2001Id.

12001–2001
Bala v. Maxwell green
tex · 1995
2 sentences

1996Bala, 909 S.W.2d at 893 ; Moreno, 787 S.W.2d at 348 .

1996Bala, 909 S.W.2d at 893 ; Moreno, 787 S.W.2d at 348 .

11996–1996
Michael H. v. Gerald D. green
scotus · 1989
2 sentences

1992Id. 491 U.S. at 125 , 109 S.Ct. at 2343 .

1992Id. 491 U.S. at 125 , 109 S.Ct. at 2343 .

11992–1992
State v. Dickey green
texapp · 1942
1 sentence

1965However, we believe the principle enunciated in the case of State v. Dickey, supra, appears to be sound and a better reasoned authority.

11965–1965
Williams v. Rabb green
texapp · 1942
2 sentences

1963App. 568, 22 S.W. 132, 133 (1893) no writ history, observes that "[w]hile the doctrine that a quitclaim deed will not support a title founded alone upon a bona fide purchase has been the recognized rule in this state since the decision in Rodgers v. Burchard, 34 Tex. [441, 442] 453, and Harrison v. Boring, 44 Tex. [255] 260, the trend of the later cases seems to be towards a restriction of the rule." This trend seems to have continued, as borne out for example, by Williams v. Rabb, Tex.Civ.App. (1942), 161 S.W.2d 121 , wr. ref.

1963However, Finch v. Trent, 3 Tex.Civ.App. 568 , 22 S.W. 132, 133 (1893) no writ history, observes that “[wjhile the doctrine that a quitclaim deed will not support a title founded alone upon a bona fide purchase has been the recognized rule in this state since the decision in Rodgers v. Burchard, 34 Tex. [441, 442] 453, and Harrison v. Boring, 44 Tex. [255] 260, the trend of the later cases seems to be towards a restriction of the rule.” This trend seems to have continued, as borne out for example, by Williams v. Rabb, Tex.Civ.App. (1942), 161 S.W.2d 121 , wr. ref.

11963–1963
Inhabitants of Sanford v. Emery neutral
me · 1822
1 sentence

1847“A great variety of American cases have arisen,” says Judge Cowen, “where the witness, having made the entry or memorandum, could swear to his belief of its truth, but had entirely forgotten the facts which he recorded, in which the paper thus attested has been received and read in evidence to-a jury.” And he quotes with approbation the opinions of Nott, J., in the State v. Rawls, 2 Nott. & McC. 334, and Bailey, J., in Maugham v. Hubbard, 2 Me. 5, 7 , who liken the case to proof of the execution of a deed by a subscribing-witness, whose testimony is received as sufficient proof of its executio

11847–1847
Lawrence v. Barker neutral
nysupct · 1830
1 sentence

1847This seems the .well settled doctrine of that court with this restriction, that the entries must have been made in the usual course of business. 5 Wend. 301 .

11847–1847

Where else courts name it

NY 21 (1935–2026) TX 21 (1847–2018) CA 19 (1958–2019) FL 12 (1986–2020) PA 10 (1972–2026) GA 7 (1948–2008) CT 6 (1972–1997) NJ 6 (1949–2016) LA 5 (1909–1986) IL 5 (1898–2021) AL 5 (1921–2014) MS 4 (1927–2018) AZ 4 (1899–2011) MI 4 (1923–2001) IN 4 (1896–2019) MN 3 (2014–2023) OR 3 (1917–2003) DC 3 (1991–2017) MD 3 (1989–2001) NH 3 (1986–2007) MO 2 (1989–2001) WV 2 (2015–2015) WA 2 (1906–1920) WI 2 (1914–1994) NM 2 (2013–2016) AK 2 (2016–2017) ME 2 (2007–2020) OH 2 (2016–2024) MA 2 (1862–1905)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check