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Property Keyed to Saxer
Albro v. Allen
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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:
On October 14, 1977, property was conveyed to Carol Allen (Defendant) and Helen Albro (Plaintiff) as “joint tenants with full rights of survivorship.” On April 23, 1987, Allen agreed to sell her interest in the property to Steven Kinzer (Defendant). On May 12, 1987, Plaintiff sued seeking injunction against the sale. The trial court granted summary judgment for Plaintiff and permanently enjoined Allen from selling or conveying her interest in the property. The court of appeals found that Plaintiff and Allen held “a joint life estate followed by a contingent remainder in fee to the survivor.” Accordingly, the court of appeals held that Allen could not alienate her interest in the life estate because it would convert the joint life estate into a tenancy in common and thereby deprive Plaintiff of her right of survivorship.
- 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.