Confirm favorite deletion?
Conflict of Laws Keyed to Brilmayer
Blackwell v. Lurie
Citation:71 P.3d 509 (N.M. Ct. App. 2003)
In 1978 in Missouri, Ronald and Nancy Lurie (the Luries) purchased a valuable sketch called “Scenes of Navajo Life” by Frederic Remington (the sketch). In 1993, while still living in Missouri, the Luries placed the sketch on consignment at an art gallery in New Mexico. The Luries then relocated to Montana.
Ronald Lurie was a general partner in a Missouri law firm called Popkin & Stern. The firm went into bankruptcy in the early 1990s, and Robert Blackwell was appointed as the Liquidating Trustee. Blackwell obtained a deficiency judgment against Ronald Lurie in the amount of $1,121,743.00.
In 1995, the Missouri bankruptcy court ordered that all parties to the Popkin & Stern proceedings were stayed from transferring, selling, or disposing of certain assets. This order included the Luries’ sketch. The order was lifted in 2001, and Blackwell was expressly authorized to execute on the sketch. As a result, he served the Luries with notice and filed a petition for writ of execution in a New Mexico district court. The Luries moved to quash the petition, arguing that the sketch was owned by them as tenants by the entirety. They argued, therefore, that the sketch could not be used to satisfy the deficiency judgment. The district court quashed Blackwell’s petition, and Blackwell appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.
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.
Topic OutlineChoice of Law