Confirm favorite deletion?
Secured Transactions Keyed to Lopucki
Shutze v. Credithrift of America, Inc.
Citation:607 So. 2d 55 (Miss. 1992)
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. Review the Facts of this case here:
In the early 1980s, Hobart W. Gentry, Jr., and Georgia C. Genry owned Lot 53 of Rosewood Heights Subdivision in Mississippi, known by street number as the residence at 1105 North 34th Avenue. This property has been subject to the lien of a deed of trust, the beneficiary which was deposit guaranty mortgage company and its predecessors in interest. On April 8, 1981, the Gentrys executed and delivered a second deed of trust conveying a security interest in the 34th Avenue property to Ben Hendrix, trustee for the benefit of Credithrift of America and this deed of trust was duly recorded in the land records of Mississippi. This deed contains a future advance clause. Enter Thomas E. Shutze resides in Lamar County, Mississippi and had business dealings with the Gentrys. On September 1984, the County Court of Forrest County entered a judgment in favor of Shutze and against Hobart W. Gentry, Jr. On August, 1985, the Gentrys again refinanced their loan with Credithrift and executed a new note. When the Gentrys struggled financially, their creditor immediately resorted to the 34 Avenue residence to satisfy their respective debts.
- 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.