Property Keyed to Merrill
Eyerman v. Mercantile Trust Co.
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Per Louise Woodruff Johnston’s will, the executor of the estate was to raze Johnston’s house, sell the land it was situated on, and give the proceeds of the sale to the beneficiaries. The house was located in an architectural city landmark, the Kings bury Place subdivision in St. Louis. Neighboring property owners and trustees of the subdivision whereJohnston’s house was located (Plaintiffs) brought this action seeking an injunction to stop the destruction of the house, on the grounds that it would diminish their property values and would be against public policy. At trial,the parties determined that destroying the house, which was worth $40,000 as is, would give a net value of $650 to Johnston’s beneficiaries. Ultimately, the trial court denied the petition for injunction. Plaintiffs appealed.
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