Mountain Brow Lodge No. 82, Independent Order of Odd Fellows v. Toscano
Court of Appeal of California, Fifth District
64 Cal. Rptr. 816 (1967)
The Toscanos gifted real property to Mountain Brow Lodge (plaintiff) 'for the use and benefit of [Mountain Brow Lodge] only,' with the deed further providing that if the Lodge failed to use the property, or sold or transferred any part of it, the property would revert to the Toscanos, their successors, heirs, or assigns; after the Toscanos died, the still-actively-using Lodge sued to quiet title in itself, and the trial court declined, treating the conveyance and its restrictions as fully valid since the Lodge was still using the property without controversy.
Whether, where a conveyance of real property contains a restriction on how the property is to be used, the restriction is void as a limitation on alienation.