Cornbleth

An action was brought by plaintiffs to quiet title to all of lot 53 of Minelita tract except the north twenty feet thereof, the property described being situated in the county of Los Angeles.

On July 8, 1920, the property was conveyed by grant deed executed by Henry and Georgina E. Freeman, two of the defendants, who are the appellants here, to Anna S. Swenson. The deed, which was recorded on August 5, 1920, contained the following provision: “Subject to taxes for the fiscal year 1920-21, conditions, restrictions and reservations of record, and the following: No offices, stores, flats, lodging house, double house, bungalow court, apartment house or business building of any kind to be erected, kept or maintained on said property, but a private two-story residence to cost not less than $5,000.00, and to be placed at a uniform distance of 42y2 feet from property line, no building to be erected less than 10 feet from north line of lot conveyed by this deed, these restrictions run until 1920, the penalty for violation is reversion of title to vendor.”

Subsequently the grantors and grantee entered into an agreement in writing dated August 19, 1921, and recorded August 26, 1921, which,…