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Capitol Federal Savings & Loan Association v. Smith

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 136 Colo. 265, 316 P.2d 252 (1957)

Brief Fact Summary. The Plaintiffs, black people, assert ownership in this quiet title action of property which is purported to be under a racially restrictive covenant, Plaintiffs were seeking to have the cloud on title removed. The Defendants are property owners in the neighborhood who claim the Plaintiff’s property based on the forfeiture provisions in the racially restrictive covenant which provide that forfeiture will be made upon placement of a notice of claim, which Defendants did. The trial court found for the Plaintiffs and stated that to enforce this agreement would have been a per se violation of the Fourteenth Amendment.

Synopsis of Rule of Law. Based on the case of Shelley v. Kraemer, infra, and its progeny, the state courts may not enforce such private racially restrictive covenants and the Plaintiffs title is thereby quieted.


Facts. The Plaintiffs, black people, assert ownership in this quiet title action of property which is purported to be under a racially restrictive covenant, Plaintiffs were seeking to have the cloud on title removed. The Defendants are property owners in the neighborhood who claim the Plaintiff’s property based on the forfeiture provisions in the racially restrictive covenant which provide that forfeiture will be made upon placement of a notice of claim, which Defendants did. The trial court found for the Plaintiffs and stated that to enforce this agreement would have been a per se violation of the Fourteenth Amendment.

Issue. Does the private racially restrictive covenant apply such that the Plaintiff’s property is subject to forfeit under the covenant’s provisions?

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