Jones v. Medlock, 3970

• Citation: 180 F.2d 658
• Decision Date: 16 March 1950
• Docket Number: No. 3970,4000.,3970
• Parties: JONES et al. v. MEDLOCK et al. HALL et al. v. HUBBARD et al.
• Court: United States Courts of Appeals. United States Court of Appeals (10th Circuit)

180 F.2d 658 (1950)

JONES et al. v. MEDLOCK et al. HALL et al. v. HUBBARD et al.

Nos. 3970, 4000.

United States Court of Appeals Tenth Circuit.

February 21, 1950.

Rehearing Denied March 16, 1950.

Sid White, Oklahoma City, Okl. (A. L. Beckett, Oklahoma City, Okl., on the brief for appellants in Number 3970), for appellants.

W. R. Withington and Harlan Deupree, Oklahoma City, Okl. (Richard R. Linn and Breck Moss, Oklahoma City, Okl., on the briefs), for appellees.

Before HUXMAN, MURRAH, and PICKETT, Circuit Judges.

HUXMAN, Circuit Judge.

While separate appeals were taken in these two cases, they present identical questions. They were argued together and will be disposed of in a single opinion. They grow out of agreements executed between all of the owners of the real estate of the North Half of Block 8, Jordan Place Addition, and of Block 13, in Oak Park Addition, to Oklahoma City. The contracts between all the owners of such real estate declared their purpose to be the maintenance of property values for the mutual benefit of all. The two contracts were substantially the same in all material respects and the pertinent part of only one will be set out. To effectuate such purpose, the parties covenated and agreed with each other that none of them or their successors would ever sell their property in the block to any person of the Negro or African race. The agreement provided: "* * * that any deed * * * made in violation of said contract shall be void and may be set aside on petition of one or more of the parties hereto; and when such conveyance is set aside by decree of the court, all costs and all expenses of such proceeding shall be taxed against the grantor or grantors and shall be declared * * * to constitute a lien against the real property so wrongfully deeded * * * and such lien may be enforced in such manner as the Court may order."

In Number 4000, on September 8, 1944, E. G. Schwartz and Emma Schwartz, husband and wife, conveyed three lots in the North half of Block 8 to Ira D. Hall and Ruby M. Hall, members of the Negro race, by warranty deed. John C. Hubbard, an owner of property in the North half of Block 8, thereupon brought an action in the District Court of Oklahoma County to enforce the agreement. He prayed judgment cancelling and setting aside the deed made to the Halls by Schwartz; that the Halls be enjoined from further occupancy or ownership of the property; and for costs and attorneys' fees. Other relief was prayed for but the above sets out all that is necessary to dispose of the question presented by this appeal.

Schwartz undertook the defense of the action, employed attorneys, and filed answers on behalf of himself and the Halls. The answers admitted the execution of the contract but alleged that the same was no longer of value in that since the execution thereof the property involved in the contract had changed by reason of having become surrounded by Negro property owners so that it had become impractical to carry out the original intention and purposes of the contract; that the restrictive provisions of the contract had ceased to have force and effect and were no longer of value and asked that the restrictive contract be declared invalid and cancelled.

The trial court rendered judgment for the plaintiff enforcing the contract, cancelled the conveyance from Schwartz to the Halls, and revested the title in the grantors, the Schwartzes, perpetually restrained and enjoined them from selling, leasing, or disposing of any of the property covered by the contract to Negroes, ordered the Halls to vacate the premises they occupied, enjoined them from any further occupancy in the area, and provided for further appropriate action to compel compliance with the court's judgment. An appeal was taken to the Supreme Court of the State of Oklahoma and the judgment of the trial court was affirmed. See Schwartz v. Hubbard, 198 Okl. 194, 177 P.2d 117.

In Number 3970, a similar action was instituted in the State Court by Alice C. Medlock, an owner of lots in the North Half of Block 9, against the appellants, Bertha Jones, Taylor Jackson, Bernice L. Jackson, and J. D. Shipman and Ella Shipman, W. B. Eaton and Maud Eaton, their grantors. Others were made parties to that action but since they are not involved in this appeal, no reference is made to them. The allegations of the complaint and the prayer for relief, so far as material to the question here, were substantially the same as outlined in Number 4000. A judgment cancelling the deeds, revesting the title in the grantors and enjoining them from selling the property to members of the Negro race was entered. An appeal was taken from this judgment to the Supreme Court of Oklahoma. See Shipman v. Medlock, 199 Okl. 128, 184 P.2d 764, where the judgment of the trial court was upheld upon the authority of Schwartz v. Hubbard, supra.

Writs of Assistance were issued in both cases to evict appellants from the premises. Various steps were taken in the State Court actions by appellants in resisting such writs. Since none of these steps are material to the questions in issue in this appeal, no further reference will be made to them.

Thereafter these two actions were instituted in the District Court of the United States for the Western District of Oklahoma. The action in Number 3970 was instituted by Bertha Jones, Taylor Jackson and Bernice L. Jackson, against Alice C. Medlock, the plaintiff in the State Court action, and against J. D. Shipman and Ella Shipman, his wife, grantors in the deed to appellants. Others who have no interest in the appeal were also joined as defendants. In Number 4000, the action was instituted by appellants, Ira D. Hall and Ruby M. Hall, against John C. Hubbard, plaintiff in the State Court action, and E. G. Schwartz and ...