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Property Law Keyed to Cribbet
Caccamo v. Banning
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- 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.
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- 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.
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- 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:
Benjamin Potter, deceased, by his will devised certain real estate to his wife, and upon her death, devised “all the same over to my granddaughter, Anna Naomi Coverdale (now Caccamo), in fee simple and absolutely forever; but in case the said Anna Naomi Coverdale should die without leaving lawful issue of her body begotten then and in that case I give, devise and bequeath all the same over unto” the children of William B. Potter in fee simple. Anna Naomi Coverdale, now married to Caccamo, purported to bar the estate tail devised to her in the will by use of a statute which provided that an ordinary deed purporting to convey a fee simple absolute “shall have the same effect and operation for barring all estates tail” as a common recovery (a type of common law suit). Then, on April 29, 1950, Plaintiff Caccamo sold the lands in question at public auction to Defendant Delema Banning, for the high bid of $2,025, of which Defendant paid to Plaintiff $405 and agreed to pay the balanc e of $1,620 on June 3, 1950. On June 3, 1950, Plaintiff tendered a deed to Defendant which purported to convey a fee simple title to the lands in question, which Defendant refused to accept and refused to pay the balance of the purchase price based on the grounds that Plaintiff could not convey a fee simple and marketable title to the lands.
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- 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.
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