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Property Law Keyed to Cribbet
Russell v. Hill
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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:
In 1887, after entry and survey, Busbee, trustee, received a grant, properly registered, from the state for the tract of land at issue. Thereafter, Mrs. McCoy entered and surveyed the same tract of land and also received a grant from the state. Mrs. McCoy had no notice of the grant to Busbee, except for that of the registration of Busbee’s grant implied by the law. Thereafter, Mrs. McCoy sold timber to Plaintiff, who then cut the timber and carried the logs to the Nantahalla River for the purpose of floating the logs to the Asheville Furniture Company. While the logs were situated on the bank of the river, the Defendant came and took them away and sold them to the Asheville Lumber Company for $686.84. The Defendants had no right to title or possession from anyone, including Plaintiff. The Asheville Lumber Company is insolvent and the lower court found that Plaintiff could not recover. Plaintiff appealed.
- 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.