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Civil Procedure Keyed to Cound
Lamine v. Dorrell
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- Topic: Identifies the topic of law and where this case fits within your course outline.
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- 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. Review the Facts of this case here:
J.S., the decedent, died intestate. Defendant Dorrell was appointed administrator under false pretenses. Defendant obtained property from J.S.’s estate and sold the property. Defendant’s administration was repealed and Plaintiff Lamine was appointed new administrator. Plaintiff sued Defendant in indebitatus assumpsit to recover money Defendant received from selling property from J.S.’s estate. Defendant demurred on the grounds that Defendant did not receive the money for the use of Plaintiff, which is an element of indebitatus assumpsit, but for the use of Defendant. Defendant argued that because this element was lacking, Plaintiff could not sue Defendant in assumpsit.
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