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Property Keyed to Merrill
Neponsit Property Owners’ Association, Inc. v. Emigrant Industrial Savings Bank
Citation:15 N.E.2d 793
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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 January of 1911, Neponsit Realty, as owner of a tract of land, filed in the office of the clerk of the county a map of the land. The tract was developed for a strictly residential community, and Neponsit Realty conveyed lots in the tract to purchasers. In 1917, Neponsit Realty conveyed the land now owned by the defendant to a man and his wife subject to a covenant. The covenant required payment, by the owner of the lot, and his successors, heirs, and assigns, to Neponsit Realty, including its successors, heirs, and assigns, of money to be used to maintain the roads, paths, parks, beach, sewers, and other public purposes as shall from time to time be determined by Neponsit Realty or its successors, assigns, and heirs. The covenant further indicated that the charge should be paid on the first day of May in each and every year, and that the charge shall become a lien on the land continuing until paid. The covenant also expressly grants Neponsit Realty and its heirs, successors, and assigns the right to bring any/all actions against the owner of the premises for collection of the charge and to enforce the lien. It provided the covenant should be a real covenant running with the land until January 31, 1940. Neponsit Realty created the plaintiff, Neponsit, a home owners’ association to collect these fees and handle maintenance. The defendant, Emigrant, acquired the property at issue at a judicial sale. Neponsit sued to foreclose liens on the land resulting from non-payment of the dues required by the aforementioned covenant.
- 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.