Moe

This is an action to secure a decree quieting title to real property and to cancel restrictions. In April, 1922, defendant C. W. Boden, the owner and entitled to possession of a tract of land situated in the city of Oakland, county of Alameda, subdivided the tract into lots numbered one to twenty-four, inclusive, and thirty-seven to sixty-five, inclusive, as appear upon a map designated as “Lake Knoll”. Lots twenty-five to thirty-five, inclusive, are designated upon a second map as “Resubdivision of Lot No. 25, Lake Knoll”. Subsequently by deed dated January 8, 1925, C. W. Boden retained two lots and conveyed all of the remaining lots to Agnes Boden. In some of the deeds of conveyance there was no provision or statement that the lot thereby conveyed was restricted as to the use of said lot, as to the character or value of improvements to be placed thereon or the position on the lot in which such improvements could" be located, or as to the use or uses to which such lots could be put. In some of said deeds there were provisions inserted providing for the character and value and location of improvements which could be placed thereon and the uses to which said lots could be put. In…