Carter v. Weowna Beach Community Corp.

The plaintiff (appellant), Roy Perrin Carter, instituted this partition action with 40 other parties plaintiff against 165 defendants (respondents), including the Weowna Beach Community Corporation. By this action the plaintiffs hope to effect the sale of an 80-acre undeveloped tract free and clear of any and all rights of the parties to the action to enf orce any restrictions upon the use of the tract as a private community park and watershed. This appeal is from an order of dismissal entered at the conclusion of the plaintiffs’ case granting judgment in favor of the defendants.

In 1925, H.…