Civil Procedure Keyed to Cound
Griggs v. Miller
The Plaintiff, Griggs (Plaintiff), purchased a 322 acre farm for $20,600 at a public sale under a general execution against the Defendant. The Plaintiff sued the Defendant in ejectment for withholding possession of the farm and for damages. The Defendant’s answer was a general denial and he counterclaimed to set aside the sheriff’s execution sale and deed. The court found for the Plaintiff and assessed $2,483.24 in damages for the Defendant’s withholding of the farm. The decree also stated that the Plaintiff would recover $250 a month from the date of the judgment for so long as the Defendant withheld the farm from the Plaintiff. Miller replaced Brookshire as party-litigant Defendant after Brookshire was incarcerated. Ray Crouch recovered a $1,966.69 judgment from the Defendant Brookshire. A general execution was issued on the date of that judgment to the Sheriff. The Sheriff levied the 322 acre farm and filed notice of the levy on December 14, 1960. On January 11, 1961, the Defendant wrote to the Sheriff limiting the property to be sold. The Sheriff advertised and sold all the real estate at the public sale on January 16, 1961. Dorothy Constable recovered a $17,000 judgment against the Defendant Brookshire on July 29, 1960. A general execution was issued to the Sheriff on January 10, 1961 and he levied upon the Defendant’s 322 acres on January 11, 1961. The Defendant asserted that the selling of his farm was in error.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.