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Constitutional Law Keyed to Maggs
Shelley v. Kraemer
Citation:
334 U.S. 1 (1948)
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
On February 16, 1911, thirty out of a total of thirty-nine owners of property fronting both sides of Labadie Avenue between Taylor Avenue and Cora Avenue in the city of St. Louis signed an agreement, providing in part: the said property is restricted to the use and occupancy for the term of 50 years from this date…. On August 11, 1945, pursuant to a contract of sale, petitioners Shelley, who are negroes, for valuable consideration received from one Fitzgerald a warranty deed to a house subject to this restrictive covenant, brought suit in Circuit Court of the city of St. Louis praying that petitioners Shelley be restrained from taking possession of the property and that judgment be entered divesting title out of petitioners Shelley and revesting title in the immediate grantor or in such other person as the court should direct.
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