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Constitutional Law Keyed to Rotunda
Shelley v. Kraemer
Citation:
334 U.S. 1 (1948)ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
In 1945, pursuant to a contract of sale, petitioners Shelley, who are Negroes, received from Fitzgerald a warranty deed to the parcel for valuable consideration. The trial court found that petitioners had no actual knowledge of the restrictive agreement at the time of the purchase. After one month from the purchase, respondents, as owners of other property subject to the terms of the restrictive covenant, sued alleging that petitioners Shelley should be restrained from taking possession of the property and the title to the property shall be reinvested in the respondents. The Supreme Court of Missouri held that the agreement effective and concluded that enforcement of its provisions violated no rights guaranteed to petitioners by the Constitution. At the time the court made its decision, petitioners were occupying the property in question.
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