Confirm favorite deletion?
Property Keyed to Rabin
Holmes v. Alabama Title Co.
Facts
In 1943, Woodward Iron Company sold the surface rights to the property in question to Patton, reserving for itself, its successors, assigns, licensees, and contractors the right to mine and remove minerals without liability for any damage that might occur to the surface land as a result of their mining activities. The recorded deed stated this covenant ran with the land.U.S. Steel Corporation (Defendant) took title in 1955 and mined the land from 1968 to 1975. The mine was abandoned and sealed in 1982. Holmes and 128 other landowners (Plaintiffs) purchased the surface plots between 1976 and 1981.The plaintiffs reported tremors and surface fractures on their land, and the U.S. Department of Interior determined that the ceiling of the mine had collapsed, which caused subsidence of the surface and damage to the land and appurtenant structures. The Plaintiffs’ obtained title insurance from Alabama Title Company (Defendant), which excluded coverage for all mineral and mining rights.
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.