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Property Keyed to Merrill
Mountain Brow Lodge No. 82, Independent Order of Odd Fellows v. Toscano
Citation:
257 Cal. App. 2d 22, 64 Cal. Rptr. 816
ProfessorTodd Berman
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- 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:
James and Maria Toscano, both deceased, left the plaintiff, Mountain Brow Lodge, a piece of land subject to two restrictions. The first restriction mandated that the property was restricted for the use and benefit of Mountain Brow Lodge, and the second indicated in the event the Mountain Brow Lodge failed to sue it or in the event of the properties sale or transfer it would revert to the grantors. Mountain Brow Lodge filed an action to quiet title against the defendants, Toscanos, asserting it owned the property in fee simple and that the restrictions were absolute restraints on alienation and, as such, void.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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