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Property Law Keyed to Cribbet
First National Bank of Oregon v. Townsend
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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.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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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.
- 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:
In this case, a deed was found unrecorded, in the grantee’s personal effects after the death of the grantee. The deed was recorded by the Plaintiff, personal representative of the grantee’s estate. The grantor was also deceased and had no heirs. The State of Oregon was the interested party on the grantor’s behalf, due to escheat. The deed was titled, “Warranty Timber and Mineral Deed,” but was confusing as to what the deed intended to convey (whether a timber and mineral interest was to vest in the grantee or whether a fee simple interest was to vest in the grantee). The deed did contain language, which granted to the grantee the right to enter upon the land and cut timber and mine ores without interference from the grantor. The consideration was listed as $200 “paid on all Trees and Minerals removed from his property.” However, the grantee, his heirs and assigns, were to pay all taxes levied after the deed and the land was to be “in quiet, peaceable, and exclusive possession of the [grantee, his heirs and assigns] against all persons lawfully claiming the whole or any part thereof,” which the grantor would warrant and defend against. The lower court construed the deed as granting a fee simple interest in the grantee, in favor of Plaintiff, the grantee’s personal representative. The State of Oregon appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.