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Property Keyed to Merrill
Hood v. Webster
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- 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.
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- 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:
Through Florence F. Hood’s husbands will, sheobtained a farm. The will provided that if Florence predeceased her husband,the farm would pass to Florence’s brother-in-law, William J. Hood. When Florence obtained the farm, she lacked sufficient financial means to live on the farm. Hood agreed to pay Florence $200 eachyear during Florence’s lifetime for the farm. Thereafter, in 1913, Florence executed an unrecorded deed and an agreement with Hood. The agreement provided that Florence was to work on the farm, pay taxes on the farm, andmaintain the funds from the sales of the farm’s produce, in exchange for the $200 annual payment. Subsequently, Florence handed the deed to Hood’s lawyer to hold in escrow until Florence’s death. Later, Hood follow through with the agreement because he did not pay Florence. However, Howard A. Webster, Florence’s nephew, moved to the farm to assist Florence. In 1928, Florence executed and recorded a deed that gave the farm to Webster and Florence’s brother, Almon B. Farwell. Per the deed, the consideration was satisfied with “one dollar and other good and valuable consideration.” Upon Florence’s death, Hood recorded the 1913 deed and brought an action to dissolve the 1928 deed. The court held in Hood’s favor. On appeal, the parties conceded that the applicable law was § 291 of the Real Property Law, which stated unrecorded deed is void against a subsequent purchaser with a recorded deed, if the purchase was made in good faith and for valuable consideration. Therefore, Webster and Farwell asserted that their deed was valid under the statute, as they had purchased the farm without notice, in good faith, and for value.
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- 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.
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