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Property Law Keyed to Cribbet
Roberts v. Rhodes
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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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- 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:
In 1902 a quitclaim deed was made of land to the Montgomery County school district. The deed stated that the grant was made for school or cemetery purposes only. A second deed in 1908 was made to the Montgomery County school district and stated that the land so granted was to be used for school and cemetery purposes only. Both deeds were grants to “their heirs and assigns.” Then, in 1971 the school district sold the lands to Defendant, the lands had been used for school purposes but never for cemetery purposes. That the Plaintiff was an heir of the original grantors and claimed a reversion interest in the lands based on the fact that, upon the sale, the lands were no longer being used for school purposes. The lower court found for Plaintiff and that the lands reverted to the heirs and assigns of the original grantors. The intermediate appellate court reversed the lower court and found that the deeds in 1902 and 1908 deeded a fee simple title to the school district. The Plainti ff appealed.
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