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Property Keyed to Saxer
Crowther v. Mower
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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:
Mr. Crowther (Plaintiff) and his wife, Nellie Crowther, owned a parcel of land as joint tenants. To ensure that her son, Mower (Defendant), received at least a one-half interest in the property, Mrs. Crowther executed a quitclaim deed and validly conveyed her interest in the parcel to Defendant. Defendant was instructed that if Mrs. Crowther predeceased her husband, Defendant should record the deed immediately. On August 9, 1991, Mrs. Crowther predeceased Plaintiff. On August 15, 1991, Defendant recorded the deed. Plaintiff sued to quiet title in the property, arguing that Defendant’s failure to record the deed before his mother’s death invalidated the conveyance, and that he acquired Mrs. Crowther’s interest by right of survivorship. The trial court granted summary judgment for Plaintiff and denied Defendant’s motion for reconsideration.
- 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.