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Alby v. Banc One Financial

Supreme Court of Washington

128 P.3d 81 (2006)

Relevant factsFree

The Albys (plaintiffs) sold farmland to their niece and her husband, the Brashlers, for well below market value, with a reservation giving the Albys an automatic reverter if the Brashlers ever mortgaged the property during either Alby's lifetime, intended to keep the land in the family. The Brashlers nonetheless took out loans secured by the property and later defaulted; Banc One (defendant) bought the property at the resulting trustee's sale, and Susan Alby sued to quiet title, claiming the property had automatically reverted to her when the mortgage was taken out.

IssueFree

Whether a reasonable restraint on alienation is valid when justified by the legitimate interests of the parties involved.

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