Werner

This is an action to quiet title to real property, the purpose being to obtain a judicial determination that the land of the plaintiff is free of certain restrictions as to its use contained in a deed to a previous owner through whom the plaintiff claims. The land consists of one of the lots of a considerable tract and the defendants are other lot owners within the same tract. The judgment of the lower court was that the plaintiff’s title was as to all the defendants, subject to the restrictions in question, and from this judgment the plaintiff appeals.

It appears that one Marshall was, in 1902, the owner of the whole tract, which was at that time unimproved and in that year he subdivided it into blocks and lots and filed of record a map of the tract as so subdivided. This map showed no building lines or anything else to indicate any purpose of restricting in any way the manner ip which the different lots might be built upon or otherwise improved or the uses to which they might be put. Immediately following the recording of the map Marshall began to sell and convey the lots. There were 132 lots in all and by October 21, 1905, he had sold and conveyed 116 of them, including the…