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Shelley v. Kraemer : ウィキペディア英語版 | Shelley v. Kraemer
''Shelley v. Kraemer'', , is a landmark United States Supreme Court case which held that courts could not enforce racial covenants on real estate. ==Facts of the case== In 1945, an African-American family by the name of Shelley purchased a house in St. Louis, Missouri. At the time of purchase, they were unaware that a restrictive covenant had been in place on the property since 1911. The restrictive covenant barred "people of the Negro or Mongolian Race" from occupying the property. Louis Kraemer, who lived ten blocks away, sued to restrain the Shelleys from taking possession of the property. The Supreme Court of Missouri held that the covenant was enforceable against the purchasers because the covenant was a purely private agreement between the original parties thereto. As such, it "ran with the land" and was enforceable against subsequent owners. Moreover, because it ran in favor of an estate rather than merely a person, it could be enforced against third parties. A materially similar scenario took place in the companion case McGhee v. Sipes from Detroit, Michigan, where the McGhees purchased land subject to a similar restrictive covenant. The Supreme Court consolidated the two cases for oral arguments.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Shelley v. Kraemer」の詳細全文を読む
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