Sackett

Sackett v. Los Angeles City School District

Good Law
118 Cal. App. 254·5 P.2d 23
Court of Appeal of CaliforniaNovember 9, 1931Docket No. 520.California1,346 words

Opinion

Lead Opinion

Jennings, J.

This is an appeal from a judgment permanently enjoining defendant from using certain real property for any purpose other than one family residence or single bungalow purposes and specifically from using said real property for playground purposes in connection with an adjacent public school, or otherwise, or for any public school purposes whatsoever. The real property involved herein consists of lots 79, 80 and 81 of Tract No. 5690 in the city of Los Angeles.

Respondents, husband and wife, acquired lot 81 of said Tract No. 5690 on January 9, 1925, and were the owners of said property at the time the present action was instituted. Appellant acquired lots 79 and 80 in said tract during the year 1926. When the tract was laid out all of the deeds conveying lots therein contained, among others, the restriction “ That lots 55 to 102 both inclusive, of said tract, shall be used for one family residence or single bungalow purposes only.” All of the lots in the tract were laid out under a general residential plan and deeds to purchasers thereof contained similar restrictions, each inuring to the benefit of the other lots in the tract. Certain other lots, sixteen in number adjacent to the…

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