SmartBrief
Confirm favorite deletion?
Property Keyed to Saxer
Brown v. Lober
Citation:
75 Ill. 2d 547, 27 Ill. Dec. 780, 389 N.E.2d 1188Facts
The Browns purchased property in 1957 from the Bosts, which included in the conveyance the covenants of seisin and warranty/quiet enjoyment. In 1974, the Browns negotiated the sale of the property’s mineral rights for $6,000, only to find that an unknown previous owner of the property still owned a two-thirds interest in the mineral rights. The Browns sold their one-third share for $2,000 and sought $4,000 in damages from the estate of Faith Bost, with Lober as executioner.
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.
- 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.
Topic Resources
Topic Videos
Topic Outlines
Landlord and Tenant Duties and Remedies for Breach Real Covenants and Equitable ServitudesTopic Refresher Courses
The Deed Fee Simple Estates and Future Interests Land Sale Contract and Marketable Title