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Property Law Keyed to Kurtz
Alby v. Banc One Financial
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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:
Eugene and Susan Alby (Plaintiffs) sold a portion of the family farm to their niece and her husband for $15,000, $85,000 below market value. The contract and deed stated that the land would revert to the Plaintiffs automatically if the purchasers subdivided, mortgaged, or otherwise encumbered the property. The niece and her husband took out two mortgages on the property and then defaulted. Banc One Financial (Defendant) held one of the mortgages and purchased the property in foreclosure. Plaintiffs filed a quiet title action against Defendant, claiming that under the terms of the deed, the property had automatically reverted to the Plaintiffs when the purchasers encumbered the property. The trial court found the reversion clause to be an unreasonable restraint on alienation of property and therefore void as against public policy. The court of appeals reversed, finding the restraint reasonable. Defendant appealed to the state supreme court.
- 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.