Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

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

Court of Appeal of California, Fifth District
64 Cal. Rptr. 816 (1967)

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


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


Holding and Reasoning (Gargano, J.)

Dissent (Stone, J.)

What to do next…

  1. 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 496,000 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.

  2. 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 496,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial