COLEMAN v. STEWART (1949)

Supreme Court of California, in Bank.

COLEMAN et al. v. STEWART et al.

S. F. 17319.

Decided: March 31, 1949

Gladstein, Andersen, Resner, Sawyer & Edises, of San Francisco, and Bertram Edises and George R. Vaughns, both of Oakland, for appellants. George F. Sharp, of Oakland, for respondents.

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, (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 of the trial court must be reversed. See Cumings v. Hokr, 1948, 31 Cal.2d 844, 193 P.2d 742; Cassell v. Hickerson, 1947, 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.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network