..., that this agreement is an unreasonable restraint on alienation. The classic example of the application of "the restraint on alienation" principle is....' " Another familiar example of the application of the restraint on alienation principle, is an attempted fettering of an absolute gift or grant of a fee, by a restraint on alienation or sale. Cannistra Estate, 384 Pa. 605, 121 A.2d 157; Sowers Estate, 383 Pa. 566, 119 A.2d 60; Stineman v. Stineman, 382 Pa. 153, 114 A.2d 137; Grossman v. Hill, 384 Pa. 590, 595, 122 A.2d 69.fn_ More recently the principle has...grounds, to restraints on alienation to persons except those of the Caucasian race. Shelley v. Kraemer, 334 U.S. 1; Barrows v. Jackson, 346 U.S. 249. Lauderbaugh v. Williams, 409 Pa. 351, 186 A.2d 39, relied upon by appellants, is clearly distinguishable on its facts, and to extend "the restraint on alienation" principle to...

.... Deeds and Conveyances — Restraint on Alienation — Title. Restrictions contained in a clause in a deed to lands that they should not be conveyed to any one during the life of two of the grantees, are void as an attempted restraint upon alienation, and the grantees may convey an absolute fee-simple title, upon the principle that...restraint on alienation, annexed to a grant in fee, is void, being repugnant to the estate granted. Controversy...void, because in restraint of alienation, but, if not invalid for this reason, that it was revoked by the reconveyance of 21 January, 1916. The judgment must be upheld on...

.... In de la Cuesta, the California law under consideration provided that because a due-on-sale clause is a restraint on alienation, the lender must prove impairment of security interest. Restraint on alienation, however, is a property principle, Restatement...); 30 C.J.S. Equity § 58 n. 25.10 (1965). I would perceive that where the Court addressed restraint on alienation it dealt only with that subject and not with the broad topic of equitable defenses.... Considered on Briefs May 17, 1982. Decided August 11, 1982. Rehearing Denied September 1, 1982. Appeal from the Circuit Court, Seventh...

..., 124 Tenn. 312, [Ann. Cas. 1912D, 1140, 137 S.W. 96].) [3] We think that, on principle, any restraint on alienation, either as to persons or time...majority of the cases, supported by principle and reason, a condition is void that imposes a total restraint on the power of alienation for any time, however short, then why should not a condition be void that imposes any inhibition on alienation to persons, however few, or to classes of persons, however limited the classes may be? Upon what principle can...alienation to persons of African descent at any time before January 1, 1925, is such a restraint on alienation as to be repugnant to the interest created by the granting and habendum clauses, within...

.... 122 (1896). As recently as 1974, this Court confirmed the principle that any restraint on alienation is void. Jenkins v. Coombs...on a landowner's right freely to alienate his property, even though limited as to time and certain as to price, is void as an invalid restraint on alienation; therefore, a provision of restrictive...complaint and the due recordation of certain restrictive covenants, but contended that Article XIV thereof was void as an illegal restraint on alienation and was, therefore, contrary to public policy and...

...there is no doubt about the extent of the restraint on the alienation of the property, the principle in Postal Telegraph Co. v. Western Union, 155 Ill. 335 is not applicable...; and that the restraint on lessor in the lease applies only to the grant, for it rests on whether the sale of merchandise is "considered competition" and no consideration is needed for the plain term...Crotty if he had notice of it ( Halloway v. Hill, 2 Chancery [Eng. Law Rept.] 621), on the principle that a party with knowledge of the just rights of another should not be permitted to defeat them...

...total restraint on the power of alienation for any time, however short, then why should not a condition be void that imposes any inhibition on alienation to persons, however few, or to classes of persons, however limited the classes may be Upon what principle can..., 11 Sup.Ct. 1005, 35 L.Ed. 721. Therefore any and all restraints on alienation necessarily must tend to...Africa, or blond Eskimos. It is impossible, on any known principle, to say that a condition not to sell to any of a very large class of persons, such as those embraced within the category of descendants...

...as a restraint on alienation. The two cases of Queensborough Land Co. v. Cazeaux, supra, and Koehler v. Rowland, supra, are expressly disagreed with and the court continues: "We think that, on principle, any.... While the question of restraint on alienation of a fee simple estate to a large class or race of people has never been passed upon by this Court, an examination of our cases discloses many judicial expressions recognizing the principle that...reasonable restraint on alienation is valid. * * * If the condition merely excludes certain designated persons it is good. But if the condition excludes all except certain specified persons it is bad. Thus the...

....2d 19 (1939). It is a well-established principle that a spendthrift trust can only be created by an express restraint on alienation. Miller, Trustee v. Maryland Casualty Co., 207 Ark. 312, 180 S.W.2d 581 (1944). This court has also adopted the principle that...express restraint on alienation; a mere trusteeship, even though it is for the protection of the beneficiaries, ought not, as a matter of taste, if for no other reason, to be called a spendthrift trust...the appellee failed to present any evidence as to whether the appellant's house trailer was attached to the land or whether the appellant intended the trailer to remain on the premises. 3. TRUSTS...

...); Honigman, Michigan Court Rules Annotated, p 693; CL 1948, § 616.1 (Stat Ann § 27.838). Briefs have been filed and this issue of restraint on alienation of real property is now before us as the principal issue to be determined. It is a cardinal principle of...Thompson on Real Property, § 786. The issue of this option being a restraint on alienation was not raised on the trial in the circuit court or on appeal to the Supreme Court, but...of pre-emptive provision violates the common-law rule against perpetuities and/or is a restraint on alienation. See Maynard v. Polhemus, 74 Cal. 141 ( 15 P...

..., subject to the condition stated, rather than a life use. The final question for determination is whether this attempted restraint on alienation was valid. It is an established principle that...the homestead during her life was void as an illegal restraint on alienation. PHILLIPS, J. In...nature of the interest in the property which passed to the plaintiff under paragraph fourth and whether the restraint on alienation contained in this paragraph is valid. Words of...

.... Meridian and BNRR argue such restriction is an unreasonable restraint on alienation. They call to our attention the fundamental principle of zoning: to regulate the use of property without regard to...disfavoring the continuation of nonconforming uses. [11] Mines and Minerals — Zoning — Nonconforming Use — Restraint on Alienation. It is not an unreasonable restraint on alienation...restraint on alienation. BNRR refers us to cases outside this jurisdiction. In...

...): A restraint on alienation without the consent of the landlord of the tenant's interest in the leased property is valid, but the landlord's consent to an alienation by the.... Ernest Pestana, Inc., supra, and Restatement (Second) of Property 15.2(2) (1977) contain expressions of a policy against a restraint on alienation, our decision today is limited to the issue raised by the...consent amounts to a restraint on alienation, in contravention of public policy in Nebraska. See Occidental Sav. Loan Assn. v. Venco Partnership, 206...

...even though the motive was laudable, the Schwinn principle applied — the restraint on alienation was per se unlawful. The Glaxo interpretation has been followed in Eastex...historically recognized that restraints on alienation of personalty may be invalid. These two doctrines may conflict, for contractual attempts (as here by Clairol) to restrict the immediate purchaser's...generally a restraint upon alienation is invalid, wrote: With respect to contracts in restraint of trade, the earlier doctrine of the common law has been substantially modified in...

....)         A succession of cases followed, all affirming the principle that acceleration clauses were not an invalid restraint on alienation. (See Jones v. Sacramento Savings & Loan Assn...'due on sale' clause, was an unreasonable restraint on alienation under Civil Code section 711. Although plaintiffs had pleaded a cause of action in estoppel, the court made no findings...clause valid, declaring: 'A restraint on alienation in an executory land contract has been upheld because of the vendor's interest in the upkeep of the property and in the character and integrity of...

...appointment to their executors, the Court, proceeding upon the cy-pres principle rejected the restraint on alienation, and gave the daughters an absolute interest. LORD HATHERLY (then Sir W. Page Wood...reject the restraint on alienation as a perpetuity, but will sustain the gift as an unfettered bequest. In a case of this sort, where, under a power in a marriage settlement to appoint among the...on Perpetuities, 426-442. In the following cases the principle has been recognized and applied. Kampf v. Jones, 2 Keen, 756; Carver v. Bowles, 2...

...manufactured; a prohibition against selling books manufactured in China is just as much a restraint on trade and alienation as a prohibition against selling books manufactured in Chicago. The early Copyright Acts reflect this principle. Under...way to the policy opposing restraints of trade and restraints on alienation." 2 Nimmer § 8.12[A], at 8-155. Accordingly, the Court ruled that the publisher's right to "vend" copies of its work did not..., nothing suggests that the doctrine should not apply when a copy is manufactured abroad. First, the common law policy against restraints on trade and alienation is not limited by the place a chattel is...

...64. This rule of law is bottomed on another but better known legal principle stated as follows: Covenants against assignment and underletting, being a...restraint against alienation, are not favorably regarded by the courts, and are liberally construed in favor of the lessee, so as to prevent the restriction from extending any further than is necessary. [3...lease agreement on the property, would also operate as an assignment of the lease, reservation by the seller of such rights as a right to draw funds from the buyer's business account, a hold harmless...

...the same. Gray, The Rule Against Perpetuities, Fourth Edition, § 278. The contract between Switzer, his co-owners and Meadows does not involve any restraint on alienation. As to a differentiation between the rule against perpetuities and the principle denying.... 524. Though the subjects of restraint on alienation and perpetuities are sometimes discussed together and erroneous expressions have been made with reference thereto, they are not...restraints on the alienation of present interests, but is also directed against the creation of future interests in property. * * *" Referring to the option in the...