Property Law Keyed to Cribbet
Eads v. Brazleton
The steamboat America sank in the Mississippi River in 1827 with a cargo of lead. In January of 1855, Plaintiff arrived to find the location of the America on the riverbed and did find the location of the wreck which he marked with a temporary buoy and markings of trees which would guide him back to the location. Thereafter, Plaintiff was delayed from recovering the wreck by the necessity to make repairs to his boat. On September 28, 1855, the Defendants, a salvage firm of Eads and Nelson independently found the America and began raising the cargo. Plaintiff, being aggrieved, filed suit in the chancery division of the Circuit Court of Mississippi County claiming that he had established a title by right of occupancy in the America and that the Defendants were interfering with such title. The lower court ruled in favor of the Plaintiff.
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.