Smith v. Second Church of Christ, Scientist, Phoenix

So that my differences with the majority may be clarified, some of the material facts will be emphasized. Lot 10 is a tract of land, rectangular in shape, approximately 320 ft. x 600 ft., acquired by the Blacks in December of 1944. The first transfer from the Blacks was the north one half of lot 10 to appellants Clarence J. Smith and Thelma B. Smith. The deed from the Blacks to the Smiths did not in any manner pretend to bind this parcel of land (parcel 1) to the 1944 restrictions. Since the Declaration of the 1944 Restrictions does not purport to cover lot 10, it cannot be seriously urged…