ALBY v. BANC ONE FINANCIAL

No. 75001-7.

128 P.3d 81 (2006)

Susan T. ALBY, a widow, Respondent, v. BANC ONE FINANCIAL, a foreign corporation, Petitioner, Ticor Title Insurance Company, a foreign insurer; Lorri Alby Brashler, a single woman, Defendants.

Supreme Court of Washington, En Banc.

Decided February 9, 2006.


Attorney(s) appearing for the Case

John Montgomery, Waldo Schweda & Montgomery PS, Spokane, for Petitioner/Appellant.

Gregory Louis Ursich, Linville Ursich PLLC, Seattle, Robert Ray Rowley, Attorney at Law, Spokane, for Appellee/Respondent.


JOHNSON, J.

¶ 1 The issue in this case is whether a restriction in a deed, which provides that the deeded property automatically reverts to the grantor if the property is mortgaged or encumbered during the life of the grantor, is a valid restraint on alienation. We find the clause to be reasonable and justified by the interests of the parties and, therefore, valid. We affirm the Court of Appeals.

FACTS

¶ 2 In 1992, Eugene and Susan Alby...

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