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Property Keyed to French
Manufacturers and Traders Trust Co. v. First National Bank
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*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. Review the Facts of this case here:
In 1956, Joseph Shinstock and his wife borrowed $25,000 from First National Bank (Plaintiff) in return for a mortgage on their property. They defaulted, but on August 20, 1957, they remortgaged their property in return for a 90-day extension of the deadline to repay the $25,000. That same day, Manufacturers and Traders Trust Co. (Defendant) obtained a judgment against the Shinstocks in federal court. The second mortgage was recorded on August 23, and the judgment was recorded on August 28. Plaintiff had neither actual nor constructive knowledge of the judgment lien against the Shinstocks. The bank sued in state court, seeking judgment that its mortgage had priority over the judgment lien. The court held that it did, and Defendant appealed.
- 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.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.