Werner v. Graham

183 P. 945 (1919)

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Nature of the Case

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Facts

Marshall owned land and then subdivided it into blocks and lots and filed of record a map of the tract so divided. Marshall then began to sell and convey the lots, and three years later he sold 116 of 132 lots. The deeds from Marshall to each lot owner contained restrictions. Marshall then quitclaimed to the then owner of P's lot any interest in it. The effect of this deed was to release any restrictive provisions at to P's lot so far as it was in the power of Marshall to release them. The immediate deed by which P acquired title contained no restrictions. In selling the lots, Marshall represented to respective buyers that he was exacting the same restrictive conditions from each lot purchaser. It is claimed that P had actual notice that all the lots in the subdivision were subject to uniform restrictions according to a general and common plan. P sued D to quiet title. The trial court gave judgment to D. P appealed.