SmartBrief
Confirm favorite deletion?
Property Law Keyed to Kurtz
LeMehaute v. LeMehaute
Citation:
585 S.W.2d 276 (1979)Facts
Vincent LeMehaute and his first wife acquired the property in question, which served as their family residence. After his first wife’s death, Vincent remarried. He had two daughters from his first marriage, Renee and Lorna. In September 1975, Vincent consulted attorney Colley to draft a deed granting the premises to himself, his new wife, and his children as joint tenants to avoid probate. The attorney advised him to designate only one adult child as a joint grantee who would hold title for all the children. Vincent designated Renee, signed the deed, and had it recorded. He retrieved the deed from the abstract company and kept it at home. Two months later, Vincent disclosed to Renee that she was a joint grantee and asked her to sign a conveyance adding his other daughter Lorna and his stepson Bruce as grantees, which she refused after consulting her own attorney. A year later, Vincent asked Renee to sign a mortgage on the property, which she also refused. In January 1977, Vincent and his wife sued to reform the deed, claiming there was no delivery to Renee or intention to convey a present interest to her.
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 
10m 52s
6m 7sTopic Outline 
