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Property Keyed to Merrill
Harms v. Sprague
Citation:473 N.E.2d 930
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- 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.
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- 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:
Plaintiff, William Harms, and his brother John Harms, took title to real estate located in Roodhouse on June 26, 1973, as joint tenants. Carl and Mary Simmons owned a lot and home in Roodhouse. Charles Sprague entered into an agreement with the Simmons whereby Sprague was to purchase their property for $25,000. Because Sprague had no security for the amount, he asked his friend, John Harms, to co-sign it and give a mortgage on his interest in the joint tenancy property. Harms agreed. John Harms moved from his joint tenancy property to the Simmons property which had been purchased by Charles Sprague. On December 10, 1981, John Harms died. By the terms of John Harms’ will, Charles Sprague was the devisee of his entire estate. Defendant Sprague challenged plaintiff’s claim of ownership of the entire tract of property and asked the court to recognize his interest as a tenant in common, subject to a mortgage lien.
- 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.
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