SmartBrief
0
Confirm favorite deletion?
Property Keyed to Merrill
Edwards v. Sims
Citation:
232 Ky. 791, 24 S.W.2d 619Facts
The appellant, Edwards, discovered the entrance to a cave beneath his home that he then explored. Over the next few years, and through great effort, cost, and hardship, Edwards developed the cave making it feasible for tourists to visit. Interest from tourists eventually reached the point that Edwards created a nearby hotel to accommodate them as they toured his cave. Lee, a neighboring landowner, filed suit alleging that a portion of the cave ran under his land, making Edwards and his tourists trespassers. In that suit, the appellee, Sims, served as chancellor, and in order to determine whether Edwards had trespassed ordered a survey of the cave. Edwards, unsuccessfully, attempted to appeal that order, but his appeal was dismissed as interlocutory. Edwards then filed this suit against Sims requesting a writ of prohibition to prevent the survey.
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.
Case Quiz
Results
Topic Resources
™ CaseCast
ProfessorTodd Berman
CaseCast™ – "What you need to know"
6m 55sTopic Refresher Course 