Mountain Brow Lodge No. 82, Independent Order of Odd Fellows v. Toscano

257 Cal.App.2d 22, 64 Cal. Rptr. 816 (1967)

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Mountain Brow Lodge No. 82, Independent Order of Odd Fellows v. Toscano

Court of Appeal of California, Fifth District
257 Cal.App.2d 22, 64 Cal. Rptr. 816 (1967)

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Mountain Brow Lodge No. 82, Independent Order of Odd Fellows v. Toscano

Facts

On April 6, 1950, the Toscanos conveyed to Mountain Brow Lodge (plaintiff) real property by gift. The conveyance stated that the property was given “for the use and benefit of [Mountain Brow Lodge] only; and in the event the same fails to be used by the second party or in the event of sale or transfer by [Mountain Brow Lodge] of all or any part of said lot, the same is to revert to [the Toscanos], their successors, heirs or assigns.” The Toscanos later passed away. Mountain Brow Lodge sued to quiet title in the property in itself. The estates of the Toscanos (defendant) opposed the action. The trial court held that, because the property was still being used by Mountain Brow Lodge, the original conveyance was still in effect without controversy, and thus declined to quiet title. Underlying this holding was the assumption that the conveyance, with its restriction, was valid, i.e., not void as a restraint against alienation. Mountain Brow Lodge appealed the trial court’s ruling.

Rule of Law

Issue

Holding and Reasoning (Gargano, J.)

Dissent (Stone, J.)

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