Coleman
Coleman v. Stewart
lead Opinion
This case involves the legality and enforceability of privately imposed restrictions against occupation of a lot of land by non-Caucasians. The trial court enjoined occupance of the lot by defendants, non-Caucasians. Defendants appealed.
Upon the authority of Shelley v. Kraemer (1948), 334 U.S. 1 [ 68 S.Ct. 836 , 92 L.Ed. 1161 , 3 A.L.R.2d 441 ] (see, also, Hurd v. Hodge (1948), 334 U.S. 24 [ 68 S.Ct. 847 , 92 L.Ed. 1187 ]), holding that such restrictions cannot be enforced through court action, the judgment óf the trial court must be reversed. (See Cumings v. Hokr (1948), 31 Cal.2d 844 [ 193 P.2d 742 ]; Cassell v. Hickerson (1948), 31 Cal.2d 869 [ 193 P.2d 743 ]; Davis v. Carter (1948), 31 Cal.2d 870 [ 193 P.2d 744 ]; In re Laws (1948), 31 Cal.2d 846 [193 P.2d 744]; Lippold v. Johnson (1948), 32 Cal.2d 892 [ 197 P.2d 161 ]; Clayton v. Wilkins (1948), 32 Cal.2d 895 [ 197 P.2d 162 ]; Morin v. Crane (1948), 32 Cal.2d 896 [ 197 P.2d 162 ].)
For the reason above stated the order appealed from is reversed.