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Property Keyed to Merrill
Timmer v. Gray
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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:
Terrance Heaton (“Heaton”) leased land from Tom Glowack (“Glowack”). Heaton owned two disc harrows that left in poor condition on the property. Later, in 1984, the Farmers Home Administration (“FmHA”) obtained title to the discs by means of a security agreement with Heaton. Upon purchase of the discs, FmHA left the discs on Glowack’s land. While the discs where on Glowack’s land, Glowack allowed his neighbor, William Gray (“Gray”), to possess of the discs. Gray hired Jed Maggert (“Maggert”) to fix the discs, and Maggertrepair the disc, totaling $857 worth of repairs. However, Gray never paid Maggert for the repair. In December 1984, Martin and Lylia Timmer (collectively known as “Plaintiffs”) bought the discs from FmHA for $75. At that time,Timmers did not examine the discs priorto purchase, but FmHA and Plaintiffs thought the discs were still in poor condition at the time of the sale. Plaintiffs brought suit against Maggert and Gray for replevin and conversion seeking to obtain possession of the discs. The trial court held that Plaintiffs were the owners of the discs, but Plaintiffs’ ownership was subject to an equitable lien in favor of Maggert. Plaintiffs 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.