147 W. Va. 377 - Wallace v. St. Clair’s Empirical Analysis
1962
Citation profile
62 state decisions
How this case has been cited
Cited by 64 later decisions — most recently September 2015 · most notably 149 W. Va. 246 - Barnett v. Wolfolk (1965), Laney v. Early (1974)
62 state decisions — followed in 11 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Rombauer v. Compton Heights Christian Church · Stuart v. Lake Washington Realty Corporation · Stuart v. Lake Washington Realty Corp. · Deitrick v. Leadbetter · Allen v. City of Detroit
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where the owner of land divides it into lots in pursuance of a general plan for the development of an exclusively residential area and conveys the several lots to different grantees by deeds containing identical or substantially similar covenants restricting the use of the lots to residential purposes, such restriction must be construed, in the light of the surrounding circumstances and the obvious purpose sought to be achieved, so as to ascertain the true intent thereof as expressed in the language employed. Such restriction is valid, not violative of public good, inimical to the public policy or subversive of public interests. The resulting right of the owner of each lot to enforce the restriction against the owner of every other lot is a substantial and valuable right, and the owner of any lot should not be denied the right to enforce such restriction by estoppel, waiver or abandonment unless upon a clear showing and for cogent reasons.”
2 later decisions quote this exact passage““The fundamental rule in construing covenants and restrictive agreements is that the intention of the parties governs. That intention is gathered from the entire instrument by which the restriction is created, the surrounding circumstances and the objects which the covenant is designed to accomplish.” Wallace v. St. Clair, 147 W.Va. 377, 390 , 127 S.E.2d 742, 751 (1962).”
2 later decisions quote this exact passage““Zoning regulations and building restrictions imposed by municipalities are an accepted part of modem community life. Similar ends are frequently accomplished in developments of residential areas, as in the present case, by the voluntary, contractual acts of property owners by means of restrictive covenants similar in nature to that which is herein involved. Such restrictive covenants are not against public policy. Ballard v. Kitchen, 128 W.Va. 276, 282 , 36 S.E.2d [390] 391, 393. They do not place a restraint upon alienation. Their purpose is lawful and laudable. If the restrictions are reasonable in nature and purpose, they are upheld.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.