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Property Keyed to Saxer
Porter v. Posey
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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:
Eugene and Grace Porter (Plaintiffs) and Donald and Edna Posey (Defendants) own adjoining parcels of land. Defendants purchased their land in October 1975. This land included the 0.18-acre tract of land in dispute. Plaintiffs purchased their land from the Engelmeyers in July 1976. The Engelmeyers had acquired the land in three parcels between 1955 and 1956. Shortly after acquiring the land, the Engelmeyers bulldozed the 0.18 acres and built a turnaround roadway. They used and maintained the turnaround until they sold their entire property in 1976. They also used and maintained the land surrounding the roadway to park, access the rest of their property, and play volleyball. Additionally, passing motorists occasionally used the roadway to turn back around onto the highway. Although their deed did not include a description of the 0.18 acres, the Engelmeyers believed they owned it. On October 1975, Defendants had their property surveyed and discovered that the 0.18 acres belonged to them. Eugene Porter became aware that the Engelmeyers’ deed to the land did not include the 0.18 acres just before Porter purchased it. However, Porter’s attorney assured him that the omission would not affect the transfer of the 0.18 acres to Plaintiffs. Thus, Plaintiffs proceeded with the purchase and, in July 1976, they acquired the deed to the land. Donald Posey installed a cable to keep Plaintiffs from accessing the roadway. Plaintiffs then brought this action to quiet title.
- 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.