Miles

This is an action brought under the provisions of section 738 of the Code of Civil Procedure to establish an estate or easement claimed to be owned by plaintiff and intervenors in all the property embraced within a certain tract of land situated in the city of Los Angeles and known as Westmoreland Place. The claim is made by virtue of, and to the extent of, certain building restrictions alleged to have been established by defendants Wesley Clark, E. P. Bryan, and the Huntington Land and Improvement Company, which restrictions, it is claimed, were made binding on and appurtenant to every lot in said tract. Injunctive relief was also sought to restrain the defendants from maintaining on said tract certain structures consisting of large signboards which, it is alleged, are greatly offensive to the sight, and the maintenance of which constitutes a breach of the claimed restrictions.

The record in the case is .voluminous, the pleadings alone occupying more than four hundred pages of the transcript. Such of the facts as are necessary for a discussion of the case are in substance as follows:

In 1894 defendants Wesley Clark and B. P. Bryan were partners in the real estate business in…