buchanan
warley
argued
april
decided
november
clayton
blakey
louisville
moorfield
storey
boston
plaintiff
error
pendleton
beckley
stuart
chevalier
louisville
defendant
error
justice
day
delivered
opinion
buchanan
plaintiff
error
brought
action
chancery
branch
jefferson
circuit
kentucky
specific
performance
contract
sale
certain
real
estate
situated
city
louisville
corner
street
pflanz
avenue
offer
writing
purchase
property
contained
proviso
understood
purchasing
property
purpose
erected
thereon
house
propose
make
residence
distince
part
agreement
shall
required
accept
deed
property
pay
said
property
unless
right
laws
state
kentucky
city
louisville
occupy
said
property
residence
offer
accepted
plaintiff
action
specific
performance
defendant
way
answer
set
condition
set
forth
colored
person
block
lot
controversy
part
ten
residences
eight
time
making
contract
occupied
white
people
two
nearest
lot
question
occupied
colored
people
virtue
ordinance
city
louisville
approved
may
allowed
occupy
lot
place
residence
reply
answer
plaintiff
set
among
things
ordinance
conflict
fourteenth
amendment
constitution
hence
defense
action
specific
performance
contract
original
jurisdiction
kentucky
appeals
state
case
made
turn
upon
constitutional
validity
ordinance
appeals
kentucky
ann
cas
held
ordinance
valid
complete
defense
action
title
ordinance
ordinance
prevent
conflict
white
colored
races
city
louisville
preserve
public
peace
promote
general
welfare
making
reasonable
provisions
requiring
far
practicable
use
separate
blocks
residences
places
abode
places
assembly
white
colored
people
respectively
first
section
ordinance
made
unlawful
colored
person
move
occupy
residence
place
abode
establish
maintain
place
public
assembly
house
upon
block
upon
greater
number
houses
occupied
residences
places
abode
places
public
assembly
white
people
occupied
residences
places
abode
places
public
assembly
colored
people
section
provides
shall
unlawful
white
person
move
occupy
residence
place
abode
establish
maintain
place
public
assembly
house
upon
block
upon
greater
number
houses
occupied
residences
places
abode
places
public
assembly
colored
people
occupied
residences
places
abode
places
public
assembly
white
people
section
provides
nothing
ordinance
shall
affect
location
residences
places
abode
places
assembly
made
previous
approval
nothing
contained
therein
shall
construed
prevent
occupancy
residences
places
abode
places
assembly
white
colored
servants
employes
occupants
residences
places
abode
places
public
assembly
block
employed
nothing
therein
contained
shall
construed
prevent
person
date
passage
ordinance
shall
acquired
possessed
right
occupy
building
residence
place
abode
place
assembly
exercising
right
nothing
contained
ordinance
shall
prevent
owner
building
ordinance
became
effective
leased
rented
occupied
residence
place
abode
place
public
assembly
colored
persons
continuing
rent
lease
occupy
residence
place
abode
place
assembly
persons
owner
shall
desire
house
passage
ordinance
time
leased
rented
occupied
residence
place
abode
place
assembly
white
persons
shall
thereafter
used
colored
persons
occupation
violation
section
ordinance
nothing
contained
ordinance
shall
prevent
owner
building
ordinance
became
effective
leased
rented
occupied
residence
place
abode
place
assembly
white
persons
continuing
rent
lease
occupy
residence
place
abode
place
assembly
purpose
owner
shall
desire
household
passage
ordinance
time
leased
rented
occupied
residence
place
abode
place
assembly
colored
persons
shall
thereafter
used
white
persons
occupation
violation
section
thereof
ordinance
contains
sections
violation
provisions
made
offense
assignments
error
attack
ordinance
upon
ground
violates
fourteenth
amendment
constitution
abridges
privileges
immunities
citizens
acquire
enjoy
property
takes
property
without
due
process
law
denies
equal
protection
laws
objection
made
writ
error
dismissed
alleged
denial
constitutional
rights
involves
rights
colored
persons
plaintiff
error
white
person
frequently
held
unconstitutional
act
law
attacks
upon
validity
laws
entertained
made
whose
rights
directly
affected
law
ordinance
question
persons
settled
heard
attack
constitutionality
law
ordinance
case
run
counter
principle
property
involved
sold
plaintiff
error
white
man
terms
stated
colored
man
action
specific
performance
entertained
courts
plaintiff
right
contract
enforced
denied
solely
effect
ordinance
making
illegal
colored
person
occupy
lot
sold
ordinance
state
courts
enforced
contract
defendant
compelled
pay
purchase
price
take
conveyance
premises
right
plaintiff
error
sell
property
directly
involved
necessarily
impaired
held
effect
sell
lot
person
color
willing
ready
acquire
property
obligated
take
case
come
within
class
wherein
held
one
seeks
avoid
enforcement
law
ordinance
must
present
grievance
rest
attack
upon
alleged
violation
another
rights
case
property
rights
plaintiff
error
directly
necessarily
involved
see
truax
raich
sup
ann
cas
pass
consideration
case
upon
merits
ordinance
prevents
occupancy
lot
city
louisville
person
color
block
greater
number
residences
occupied
white
persons
majority
exists
colored
persons
excluded
interdiction
based
wholly
upon
color
simply
nothing
effect
premises
situated
question
white
block
effectively
debarred
sale
persons
color
sold
occupied
purchaser
sold
another
color
drastic
measure
sought
justified
authority
state
exercise
police
power
said
legislation
tends
promote
public
peace
preventing
racial
conflicts
tends
tain
racial
purity
prevents
deterioration
property
owned
occupied
white
people
deterioration
contended
sure
follow
occupancy
adjacent
premises
persons
color
authority
state
pass
laws
exercise
police
power
object
promotion
public
health
safety
welfare
broad
affirmed
numerous
recent
decisions
furthermore
exercise
power
embracing
nearly
legislation
local
character
interfered
courts
within
scope
legislative
authority
means
adopted
reasonably
tend
accomplish
lawful
purpose
equally
well
established
police
power
broad
justify
passage
law
ordinance
runs
counter
limitations
federal
constitution
principle
frequently
affirmed
need
stop
cite
cases
federal
constitution
laws
passed
within
authority
express
terms
instrument
made
law
land
fourteenth
amendment
protects
life
liberty
property
invasion
without
due
process
law
property
mere
thing
person
owns
elementary
includes
right
acquire
use
dispose
constitution
protects
essential
attributes
property
holden
hardy
sup
property
consists
free
use
enjoyment
disposal
person
acquisitions
without
control
diminution
save
law
land
blackstone
commentaries
cooley
ed
true
dominion
property
springing
ownership
absolute
unqualified
disposition
use
property
may
controlled
exercise
police
power
interest
public
health
convenience
welfare
harmful
occupations
may
controlled
regulated
legitimate
business
may
also
regulated
interest
public
certain
uses
property
may
confined
portions
municipality
resident
district
livery
stables
brickyards
like
impairment
health
comfort
occupants
neighboring
property
many
illustrations
might
given
decisions
courts
principle
cases
touch
one
bar
concrete
question
may
occupancy
necessarily
purchase
sale
property
occupancy
incident
inhibited
one
municipalities
solely
color
proposed
occupant
premises
one
may
dispose
property
subject
control
lawful
enactments
curtailing
right
public
interest
must
conceded
question
presented
makes
pertinent
inquire
constitutional
right
white
man
sell
property
colored
man
view
legal
status
purchaser
occupant
following
civil
war
certain
amendments
federal
constitution
adopted
become
integral
part
instrument
equally
binding
upon
fixing
certain
fundamental
rights
bound
respect
thirteenth
amendment
abolished
slavery
places
subject
jurisdiction
gave
congress
power
enforce
amendment
appropriate
legislation
fourteenth
amendment
made
persons
born
naturalized
citizens
reside
provided
state
shall
make
enforce
law
shall
abridge
privileges
immunities
citizens
state
shall
deprive
person
life
liberty
property
without
due
process
law
deny
person
equal
protection
laws
effect
amendments
first
dealt
slaughter
house
cases
wall
reasons
adoption
amendments
elaborately
considered
familiar
times
necessity
amendments
arose
circumstances
impelled
adoption
case
justice
miller
spoke
majority
pointed
colored
race
freed
slavery
thirteenth
amendment
raised
dignity
citizenship
equality
civil
rights
fourteenth
amendment
prohibited
abridging
privileges
immunities
citizens
depriving
person
life
liberty
property
without
due
process
law
principal
purpose
latter
amendment
protect
persons
color
broad
language
used
deemed
sufficient
protect
persons
white
black
discriminatory
legislation
settled
law
many
cases
since
arising
question
color
involved
cases
decided
upon
alleged
violations
civil
property
rights
irrespective
race
color
complainant
slaughter
house
cases
recognized
chief
inducement
passage
amendment
desire
extend
federal
protection
recently
emancipated
race
unfriendly
discriminating
legislation
strauder
west
virginia
held
colored
person
charged
offense
denied
due
process
law
statute
prevented
colored
men
sitting
jury
tried
justice
strong
speaking
reviewed
history
amendments
among
things
speaking
fourteenth
amendment
said
fourteenth
amendment
designed
assure
colored
race
enjoyment
civil
rights
law
enjoyed
white
persons
give
race
protection
general
government
enjoyment
whenever
denied
gave
citizenship
privileges
citizenship
persons
color
denied
state
power
withhold
equal
protection
laws
authorized
congress
enforce
provisions
appropriate
legislation
ordains
state
shall
make
enforce
laws
shall
abridge
privileges
immunities
citizens
ordains
state
shall
deprive
person
life
liberty
property
without
due
process
law
deny
person
within
jurisdiction
equal
protection
laws
declaring
law
shall
black
white
persons
whether
colored
white
shall
stand
equal
laws
regard
colored
race
whose
protection
amendment
primarily
designed
discrimination
shall
made
law
color
fourteenth
amendment
makes
attempt
enumerate
rights
designed
protect
speaks
general
terms
comprehensive
possible
language
prohibitory
every
prohibition
implies
existence
rights
immunities
prominent
among
immunity
inequality
legal
protection
either
life
liberty
property
state
action
denies
immunity
colored
man
conflict
constitution
ex
parte
virginia
speaking
fourteenth
amendment
said
virtue
public
position
state
government
deprives
another
property
life
liberty
without
due
process
law
denies
takes
away
equal
protection
laws
violates
constitutional
inhibition
acts
name
state
clothed
state
power
act
state
giving
legislative
aid
constitutional
provisions
congress
enacted
chapter
stat
comp
citizens
shall
right
every
state
territory
enjoyed
white
citizens
thereof
inherit
purchase
lease
sell
hold
convey
real
personal
property
chapter
stat
comp
persons
within
jurisdiction
shall
right
every
state
territory
make
enforce
contracts
sue
parties
give
evidence
full
equal
benefit
laws
proceedings
security
person
property
enjoyed
white
citizens
shall
subject
like
punishment
pains
penalties
taxes
licenses
exactions
every
kind
none
face
constitutional
statutory
provisions
white
man
denied
consistently
due
process
law
right
dispose
property
purchaser
prohibiting
occupation
sole
reason
purchaser
person
color
intending
occupy
premises
place
residence
statute
originally
passed
sanction
thirteenth
amendment
stat
practically
adoption
fourteenth
amendment
stat
expressly
provided
citizens
state
shall
right
purchase
property
enjoyed
white
citizens
colored
persons
citizens
right
purchase
property
enjoy
use
without
laws
discriminating
solely
account
color
hall
de
cuir
enactments
deal
social
rights
men
fundamental
rights
property
intended
secure
upon
terms
cases
sup
cases
sup
fourteenth
amendment
statutes
enacted
furtherance
purpose
operate
qualify
entitle
colored
man
acquire
property
without
state
legislation
discriminating
solely
color
defendant
error
insists
plessy
ferguson
sup
controlling
principle
favor
judgment
case
held
provision
statute
louisiana
requiring
railway
companies
carrying
passengers
provide
coaches
equal
separate
accommodations
white
colored
races
run
counter
provisions
fourteenth
amendment
observed
case
attempt
deprive
persons
color
transportation
coaches
public
carrier
express
requirements
equal
though
separate
accommodations
white
colored
races
plessy
ferguson
classification
accommodations
permitted
upon
basis
equality
races
berea
college
case
sup
state
statute
sustained
courts
kentucky
permitting
education
white
persons
negroes
different
localities
incorporated
institution
prohibited
attendance
place
judgment
appeals
kentucky
affirmed
solely
upon
reserved
authority
legislature
kentucky
alter
amend
repeal
charters
corporations
question
involved
neither
discussed
decided
carey
city
atlanta
ann
cas
preme
georgia
holding
ordinance
similar
principle
one
herein
involved
invalid
dealt
plessy
ferguson
berea
college
case
language
apposite
quote
portion
instance
complaining
person
afforded
opportunity
ride
attend
institutions
learning
afforded
thing
whatever
nature
particular
case
entitled
done
require
member
class
conform
reasonable
rules
regard
separation
races
none
denied
right
use
control
dispose
property
case
property
person
whether
member
class
individual
taken
without
due
process
law
recent
case
mccabe
atchison
ry
sup
consideration
statute
allowed
railroad
companies
furnish
dining
cars
white
people
refuse
furnish
dining
cars
altogether
colored
persons
language
used
reference
contentions
attorney
general
argument
respect
volume
traffic
seems
us
without
merit
makes
constitutional
right
depend
upon
number
persons
may
discriminated
whereas
essence
constitutional
right
personal
one
effect
ordinance
consideration
merely
regulate
business
like
destroy
right
individual
acquire
enjoy
dispose
property
character
void
opposed
due
process
clause
constitution
exists
serious
difficult
problem
arising
feeling
race
hostility
law
powerless
control
must
give
measure
consideration
may
freely
admitted
solution
promoted
depriving
citizens
constitutional
rights
privileges
seen
held
laws
valid
separated
races
basis
equal
accommodations
public
conveyances
courts
high
authority
held
enactments
lawful
provide
separation
public
schools
white
colored
pupils
equal
privileges
given
view
rights
secured
fourteenth
amendment
federal
constitution
legislation
must
limitations
sustained
exercise
authority
exceeds
restraints
constitution
think
limitations
exceeded
laws
ordinances
character
us
purpose
enactments
frankly
avowed
ultimate
effect
require
law
least
residential
districts
compulsory
separation
races
account
color
action
said
essential
maintenance
purity
races
although
noted
ordinance
consideration
employment
colored
servants
white
families
permitted
nearby
residences
colored
persons
coming
within
blocks
defined
ordinance
prohibited
case
presented
deal
attempt
prohibit
amalgamation
races
right
ordinance
annulled
civil
right
white
man
dispose
property
saw
fit
person
color
colored
person
make
disposition
white
person
urged
proposed
segregation
promote
public
peace
preventing
race
conflicts
desirable
important
preservation
public
peace
aim
accomplished
laws
ordinances
deny
rights
created
protected
federal
constitution
said
acquisitions
colored
persons
depreciate
property
owned
neighborhood
white
persons
property
may
acquired
undesirable
white
neighbors
put
disagreeable
though
lawful
uses
like
results
think
attempt
prevent
alienation
property
question
person
color
legitimate
exercise
police
power
state
direct
violation
fundamental
law
enacted
fourteenth
amendment
constitution
preventing
state
interference
property
rights
except
due
process
law
case
ordinance
stand
booth
illinois
sup
otis
parker
sup
reaching
conclusion
follows
judgment
kentucky
appeals
must
reversed
cause
remanded
proceedings
inconsistent
opinion
reversed