Confirm favorite deletion?
Property Keyed to Saxer
Chase Federal Savings and Loan Association v. Schreiber
Facts
Theadores W. Ross (Plaintiff) conveyed property to Peter R. Cournoyer through a quitclaim deed. The deed stated that it was conveyed with love and affection as consideration. This deed was properly recorded. Cournoyer later sold the property to Luis and Gladys Perez for $50,000. The Perezes received a mortgage loan on the property from Chase Federal Savings and Loan Association (Defendant). Plaintiff sued to rescind and cancel her deed to Cournoyer on the grounds that a deed unsupported by valuable consideration is only valid if the grantor and grantee are related by blood or marriage. The trial court found that consideration was lacking but that the deed nevertheless passed legal title because the Perezes and Chase Federal lacked actual notice of any defect in the deed. The court of appeals, sittingen banc,reversed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.