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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Nature of the Case

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Facts

Toscano transferred property via a gift deed to Mountain Brow Lodge (P). The deed stated that the land was given in consideration of love and affection. The deed contained a habendum clause, which stated that the property was 'restricted for the use and benefit of the second party, only; and in the event the same fails to be used by the second party or in the event of sale or transfer by the second party of all or any part of said lot, the same is to revert to the first parties herein, their successors, heirs or assigns.' P sued Toscano's heirs (D) to quiet title, as Toscano was deceased. D are the trustees and administrators of the estate of the deceased grantors. P claimed that this condition was restrictive and should be ruled void as a restraint against alienation. The trial court denied P's claim and refused to quiet title for P. P appealed.