Confirm favorite deletion?
Property Law Keyed to Cribbet
Leach v. Gunnarson
Facts
In this case, the Plaintiffs’ neighbors have an irrevocable license to use a spring that is on Plaintiffs’ land. The irrevocable license was granted the neighbors by the Plaintiffs’ predecessor in title. The Plaintiffs have sued their predecessors in title, the Defendants, who granted the neighbors the irrevocable license to use the spring by oral agreement when the Defendants owned the property. The Plaintiffs neighbors had built a concrete dam and a 370 gallon storage tank along with a pipe to carry the water from the spring to the neighbors’ property. Plaintiffs bought their 20 acre property from the Defendants in 1975. The conveyance was by warranty deed, which stated that the grantors “covenant to and with the grantees that [the parcel] is free and clear of all encumbrances, and that grantors will warrant and defend the same against all persons who may lawfully claim same.” The trial court, by jury, found for the Defendants based on the trial court’s instruction that if t he jury found the license to be open, notorious and visible physical encumbrance, then there was no breach of the covenant against encumbrances by the grantor Defendants. The intermediate appellate court affirmed the trial court and the Plaintiffs 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.
- 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.