Duross

A judgment was issued in this cause whereby the defendant was “enjoined, restrained and prohibited from entering, using or occupying Lot 10, Block 3 of the Oswald Home Tract, a Subdivision of the City of Los Angeles, County of Los Angeles, State of California, otherwise known as and called ‘160 E. 45th Street, of the City of Los Angeles’, until March 16, 2025.” From this judgment the defendant appeals.

The action is based upon a certain writing introduced in evidence, between the plaintiff and others, owners of lots and parcels of land situate in the Oswald Home tract, and other named tracts, being additions to the city of Los Angeles, in which writing it was set forth that the parties thereto covenanted, one with the other: “1. That no part or portion of any of the real estate hereinafter set forth shall be leased or rented to any person or persons other than of the White or Caucasian race, for a period of 99 years. 2. That no part or portion of any of the real estate described shall be used or occupied, or permitted to be used or occupied, by any person other than of the White or Caucasian race.”

'Prior to the beginning of this action the record shows that the defendant had…