Alby v. Banc One Financial
Supreme Court of Washington
128 P.3d 81 (2006)
In 1992, Eugene and Susan Alby (plaintiffs) sold a portion of their family farm to their niece, Lorri Brashler, and her husband. The parcel was valued at $100,000 but the Albys sold the farm to the Brashlers for $15,000. Both the contract and the deed contained a reservation granting the Albys an automatic reverter if the Brashlers ever mortgaged or encumbered the property within either Eugene or Susan’s lifetime. The Albys included this reservation for the purpose of keeping the land under family ownership while the Albys were alive. In 1999, notwithstanding the reservation, the Brashlers obtained two loans secured by the property. In 2000, the Brashlers defaulted on payments for the first loan. The lender held a trustee’s sale, at which Banc One (defendant) purchased the property. On April 18, 2002, Susan Alby sued to quiet title in the property, arguing that the property had automatically reverted to her when the Brashlers encumbered the property. The trial court ruled that the reservation in the contract was void against public policy and an unreasonable restraint against alienation. The Court of Appeals reversed, holding that the reservation clause was valid because it was not a restraint on alienation and, even if it was, it was nevertheless reasonable.
Rule of Law
Holding and Reasoning (Johnson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.