Steuart Transportation Co. v. Ashe’s Empirical Analysis
1973
Citation profile
42 state decisions
How this case has been cited
Cited by 42 later decisions — most recently August 2016 · most notably Colandrea v. Wilde Lake Community Ass'n (2000), City of Bowie v. MIE, Properties, Inc. (2007)
42 state decisions
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 McKenrick v. Savings Bank · Turner v. Brocato · Finley v. Glenn Et Ux. · Scholtes v. McColgan · Newbold v. Peabody Heights Co.
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... one owning a tract of land, in granting a part thereof, may validly impose upon the part granted restrictions upon the use thereof for the benefit of the part retained, and upon the part retained for the benefit of the part granted, or upon both for the benefit of both; that, where the covenants in the conveyance are not expressly for or on behalf of the grantor, his heirs and assigns, they are personal and will not run with the land, but that, if in such a case it appears that it was the intention of the grantors that the restrictions were part of a uniform general scheme or plan of development and use which should affect the land granted and the land retained alike, they may be enforced in equity; that covenants creating restrictions are to be construed strictly in favor of the freedom of the land, and against the person in whose favor they are made; and that the burden is upon one seeking to enforce such restrictions, where they are not specifically expressed in a deed, to show by clear and satisfactory proof that the common grantor intended that they should affect the land retained as a part of a uniform general scheme of development.”
6 later decisions quote this exact passage · from the majority“It is established that the jurisdiction of equity to enforce certain rights in respect of land is not necessarily dependent upon technicalities which are so important at law, such as, does the covenant run with the land and the extent of the running of the benefits and burdens? Equity acts under the rule laid down in Tulk v. Moxhay, 11 Beav. 571 ( 2 Phila. 774 ), where a covenant by the grantee of a piece of land to use it as a private square was enforced against a purchaser from the grantee with notice. The Lord Chancellor said the question was not “ * * * whether the covenant ran with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor, and with notice of which he purchased.” His answer to the question was this: “ * * * If an equity is attached to the property by the owner, no one purchasing with notice of that equity can stand in a different situation from the party from whom he purchased.” This Court agreed with that answer in Newbold v. Peabody Heights Co., 70 Md. 493, 502 , 17 A. 372 . Again, in Levy v. Dundalk Co., 177 Md. 686 , 646, 11 A.2d 476 , Judge Parke said for the Court: “Under such circumstances, the equity which is attached to the property is not detached by the transmission of title.””
1 later decision quote this exact passage · from the majority“since “the intention to establish a uniform scheme or plan of development is a question of fact ... ” the chancellor’s findings will not be set aside “ ‘on the evidence unless clearly erroneous’ after giving due regard to the opportunity of the chancellor ‘to judge the credibility of the witnesses.’ ’ ” Furthermore, the appellate Court will not “reverse the chancellor’s conclusions from the facts found by him if within the provisions of the applicable law unless they are clearly in error.””
1 later decision quote this exact passage · from the majority
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.