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Property Law Keyed to Singer
McIntyre v. Scarbrough
Citation:471 S.E.2d 199 (Ga. 1996)
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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.
- 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. Review the Facts of this case here:
In October 1988, the plaintiffs purchased a 16.59 acre tract of land from the defendant by warranty deed. Pursuant to the deed, the defendant reserved a life estate in 1.2 acres which included a mobile home, porch, and shed. The reservation read “[L]ife estate is for [defendant’s] natural life and during her occupancy of this tract as a personal residence. As to this tract, [defendant] shall be responsible for maintenance and upkeep of the property and all improvements thereon and for payment of ad valorem taxes.” At the time of this action in 1994, the plaintiffs asserted that they had not seen the defendant on the property since 1990, the defendant had not paid taxes since 1990, there was no water or gas service to the residence, no mailbox, and the home was in a state of dilapidation. The defendant and her grandson stated that the defendant was recently unable to occupy the residence for medical reasons, that the grandson in the process of renovating the home, and the defendant had not removed any of her personal belongings.
- 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.