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Property Keyed to Saxer
Fulton v. Duro
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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:
Verdean Fulton (Plaintiff) obtained a judgment against Loyd R. Duro (Defendant). The judgment was filed and recorded in the Valley County Recorder’s office. Pursuant to IC § 10-1110, Plaintiff received a writ of execution from the sheriff, levying on the right to Defendant’s real property holdings. At the time, Defendant had entered a contract to purchase the subject real estate. Under the terms of that contract, Defendant had not yet received title to the purchased property, but did possess an equitable interest. After the judgment lien was recorded, Defendant transferred his interest in the purchased property to Samuelson (Intervenor). The same property was put up for sale by the sheriff and purchased by Plaintiff. Samuelson filed a motion to vacate the sheriff’s sale, arguing that a purchaser’s executory interest in land did not constitute “real estate” within the meaning of § 10-1110. The trial court agreed and held that Plaintiff’s recording of the judgment against Defendant did not create a judgment lien against the subject property.
- 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.