Home: Property Case Briefs

21 Merchants Row Corp. v. Merchants Row Facts21 Merchants Row Corporation, plaintiff, leased commercial space from Merchants Row, Inc. The...

1. A.D. Julliard & Co. v. American Woolen Co., (1943); pg. 570, briefed 3/19/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

**Abo Petroleum Corp. v. Amstutz, (1979); pg. 277, briefed 11/13/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

1. Adrain v. Rabinowitz, (1936); pg. 446, briefed 2/12/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The π...

Allen v. Hyatt Regency- Nashville Hotel Procedure: Appellee (Plaintiff) parked his car in a single entrance/ single exit parking garage taking a...

Ark Land v. Harper, 599 S.E. 2d 754, 215 W. Va. 331 (Sup. Ct. of App. W. Va. 2004). Prepared by Dirk Facts: Harper owned land that was passed...

**Armory v. Delamirie (1722); briefed 8/28/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: π found a jewel and...

Armstrong v. Francis Corp 120 A.2d 4 (N.J. 1956) Facts Francis corp developed a 42 acre tract of land with a stream into a housing development. ...

Arnel Development v. City of Costa Mesa, 28 Cal. 3d 511, 620 P.2d 565 (1980). Prepared by Candice Issue: Whether a zoning ordinance is a...

Asbury v. Brougham 866 F.2d 1276 Procedural History: Defendants, an individual apartment complex owner, the apartment complex business, and...

Baker v. Weedon, 262 So. 2d 641 (Supreme Court of Mississippi 1972) Prepared by Dirk Facts: Weedon had 3 marriages, of which 3 grandchildren...

Bartos v. Czerwinski Supreme Court of Michingan, 1948 323 Mich. 87 Procedural Background/Facts: Plaintiffs Bartos entered into a written...

1. Baseball Publishing Co. v. Bruton, (1938); pg. 593, briefed 3/26/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Procedural History: Plaintiff sells defendant property on a contract and sues to retain the property upon default by the buyer. Plaintiff wins on...

Beebe v. DeMarco (1998) Procedural Background: TC – ruled plaintiff had established an easement twelve feet wide across the southern portion of...

Benjamin v. Lindner Aviation, 534 N.W. 2d 400 (Iowa 1995) Facts: Benjamin, who works for Lindner Aviation, was doing a routine inspection of a...

Benjamin v. Lindner Aviation Supreme Court of Iowa 1995 Prepared by Dirk Facts: -State Central Bank became owner of a plane through...

Berg v. Wiley, 264 N.W. 2d 145 (1978) Prepared by Candice Issue: Whether the evidence was sufficient to support the jury’s finding that the...

Procedural History: Plaintiff tenant sues for wrongful entry after landlord changes the locks on her and plaintiff wins in trial court. Defendant...

1. Blackett v. Olanoff, (1977); pg. 453, briefed 2/19/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The ∆...

Bleckley v. Langston Court of Appeals of Georgia, 1965 112 Ga. App. 63, Procedural Background/Facts: On December 23, 1963 the Plaintiff...

Board of Regents v. Roth: Prepared by Candice The big question was “Is Roth’s job considered property?” (Roth was not rehired after his one...

Boomer v. Altantic Cement Prepared by Candice Issue: Whether a cement factory was a nuisance and of it should be shut down. (In this case,...

Procedural History: Plaintiffs sue for nuisance caused by cement plant. Trial court rules in favor of plaintiffs but refuses to grant injunction....

Boomer v. Atlantic Cement NY COA 1970 Prepared by Dirk Facts: Boomer owns land adjacent to a cement manufacturing plant owned by D. P...

Boyd v. Bell South SC COA 2004 Prepared by Dirk Facts: AT&T originally owned two properties on adjacent lots. They built a bldg. on the...

Brace v. United States US Court of Federal Claims 2006 Prepared by Dirk Facts: Brace bought a 134 acre parcel of land from his father, who...

**Braswell v. Braswell, (1954); pg. 285, briefed 11/27/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: A deed...

** Bridges v. Hawkesworth (1851); briefed 8/28/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: π , while...

Brokaw v. Fairchild Supreme Court of NY 1929 Prepared by Dirk Facts: Isaac Brokaw built a huge mansion across from Central Park, at 5th and...

Brown v. Gobble 474 S.E.2d 489 (W. Va. 1996) Facts Defendents purchased their property by deed on April 24th, 1985. The real estate agent told...

Brown v. Legal Foundation of Washington Prepared by Candice Issue: Whether the IOLTA program had taken money from the clients. (The IOLTA...

Brown v. Lober, S.C. Illinois (1979) Procedural Background/Facts: Plaintiff purchased 80 acres of real estate from Bost and received a statutory...

1. Brown v. Southall Realty Co., (1968); pg. 457, briefed 2/19/95. Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Brown v. Voss Supreme Court of WA 1986 Prepared by Dirk Facts: 1952 owners of parcel B acquired an easement right of way private road across...

Building Monitoring Systems v. Paxton and Lowder Prepared by Candice Issue: Whether the eviction was retaliatory and whether a retaliatory...

Burns v. McCormick Facts: J.A. Halsey (decedent) orally promised the plaintiffs that in return for their services he would give them his house....

Bybee v. Hageman S.C. of Illinois, 1873, 66 Ill. 519 Procedural Background/Facts: Hageman brought a bill to foreclose a mortgage executed...

**Caccamo v. Banning, (1950); pg. 270, briefed 11/6/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: π inherited...

Cameron v. Barton KY Court of Appeals 1954 Prepared by Dirk Facts: P bought a parcel of land facing the street, and the Highway dept....

**Capitol Federal Savings & Loan Assn. v. Smith, (1957); pg. 310, briefed 1/21/95. Prepared by Roger Martin...

Carr v. Deking COA of WA 1988 Prepared by Dirk Facts: Carr and his father owned a piece of raw land, which Deking farmed for 12 years. The...

Centex Homes Corp. v. Boag 1974 Procedural Background: On appeal, court held that the sale of shares of stock in a cooperative apartment...

Chapin v. Freeland (1886) Procedural Background: Lower Court found for defendant. Now in Supreme Judicial Court of MA. Facts: This is an action...

Chase Federal Savings and Loan v. Schreiber Supreme Court of Florida 1985 Prepared by Dirk Facts: Ross conveyed her home to Cournoyer...

Procedural History: Patterns of a silk producer are copied by defendant. Silk producer sues for protection of patterns for a short period of time...

1. Childs v. Warner Brothers Southern Theaters, Inc. (1931); pg. 576, briefed 3/19/95 Prepared by Roger Martin...

City of Edmonds v. Oxford House Prepared by Candice Issue: Whether the family composition rule qualifies as a restriction regarding the maximum...

Procedural History: Group home files suit under the FHA after they are criminally prosecuted for violating a city zoning ordinance. City wins in...

Clapp v. Tower Supreme Court of North Dakota, 1903 11 N.D. 556, Procedural Background/Facts: The executors of the last will and testament of...

Clay v. Landreth Court of Appeals of Virginia, 1948 187 Va. 169, Procedural Background/Facts: Plaintiff Clay entered into a contract to sell...

Clevenger v. Moore s.c Oklahoma, 1927 126 OKL. 246, Procedural Background/Facts: Plaintiff Clevenger gave a deed in escrow to Peay to be...

Cole v. Steinlauf Supreme Court of Errors of CT 144 Conn. 629, 136 A.2d 744 (1957) Prepared by Suzette Facts: (P)s and (D) entered into a...

**Cole v. Steinlauf, (1957); pg. 224, briefed 10/23/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: The π...

1. Commonwealth Building Corp. v. Hirschfield, (1940); pg 503, briefed 2/19/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

Concerned Citizens of Brunswick County Taxpayers v. Holden Beach Enterprise Prepared by Candice Issue: Whether there was sufficient evidence of...

1. Cook v. University Plaza, (1981); pg. 427, briefed 2/12/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

Coraccio v. Lowell Five Cents Savings Bank Supreme Court of Mass. 1993 Prepared by Dirk Facts: Coraccio and husband owned a home together as...

Cox v. Glenbrook Co. 371 P.2d 647 (Nev. 1962) Facts Glenbrook sold Quill an easement. The written agreement gave Quill “full right of use over...

Crechale & Polles, Inc. v. Smith Facts: The P entered into a 5 year lease with D. P met with the landlord to try to extend his lease a few months...

Cwynar v. City and County of San Francisco Facts:San Francisco enacted Proposition G, applying in most part only to rental property built after...

**D'ercole v. D'ercole, (1976); pg. 401, briefed 2/5/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: The π is...

1. Dartnell v. Bidwell, (1916); pg. 617, briefed 4/1/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

DAVIS V. SMITH, S.C. Georgia (1848) p 1218 Procedural Background/Facts: The administrator of N.H. HARRIS, brought a bill in equity, seeking...

Delfino v. Vealencis Prepared by Candice Issue: Did the Superior Court properly order the sale of property owned by the plaintiffs and the...

Procedural History: Plaintiff and defendant are tenants in common trying to partition land. Court partitions by sale and defendant appeals. Facts:...

Doctorman v. Schroeder Court of Errors and Appeals of New Jersey, (1921) 92 N.J.Eq. 676 Procedural Background/Facts: Mrs. Doctorman the buyer...

Dolan v. City of Tigard Prepared by Candice Issue: Whether a condition for Dolan to give 10% of her property in order to let Dolan make changes...

Procedural History: Plaintiff challenges government permitting process, which requires that she dedicate a portion of her property to a bicycle path...

Duncan v. Vassaur (p. 415) 1976 Procedural Background: In TC, Duncan interposed a demurrer to the answer and cross petition and moved for judgment...

Procedural Background/Facts: The plaintiff Durant appealed the defendant Town of Dunbarton’s Planning Board for denying her subdivision plan. ...

Dutcher v. Owens (p. 439) 1983 Procedural Background: In TC, defendant was found vicariously liable for the homeowners’ association’s negligence....

**Eads v. Brazelton (1861); briefed 8/27/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: π Brazelton found the...

1. Eagle Enterprises, Inc. v. Gross, (1976); pg. 665, briefed 4/16/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Earle v. fiske SJC Mass 1870, 103 Mass. 491 Procedural Background/Facts: Nancy Fiske owner of the property in controversy conveyed a life...

, S.C. Colorado (1968) pg 1158 166 Colo. 136 Procedural Background/Facts: This case is on appeal to review the lower court’s decision on...

Eddington v. Turner Supreme Court of Delaware, (1944) 27 Del. Ch. 411, Procedural Background/Facts: Thomas Turner made a will devising certain...

1. Edwards v. Habib, (1969); pg. 545, briefed 2/26/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Edwards...

**Edwards v. Sims (1929); briefed 8/25/94. Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: π owns land that is...

El Di v. Bethany Beach Prepared by Candice Issue: Whether the covenant was terminated by changed conditions. (In this case, there was a...

-Elkus v. Elkus: Prepared by Candice Issue: Whether a career should be considered marital property, if so, the defendant is entitled to an...

Procedural History: Husband claims action to recover value of wife’s career and celebrity status. Lower (NY Supreme) court finds that the value of...

Elliff v. Texon Drilling Co. 210 S.W.2d 558 (Tex. 1948) Facts Elliffs’ owned lands that overlaid about 50% of an oil and gas reservoir. On this...

Ernst v. Conditt Prepared by Candice Issue: Whether the instrument was a sublease or an assignment. (In this case, Ernst leased land to Rodgers...

Escobar v. Continental Baking Co. Mass. Appellate Court 1992 Prepared by Dirk Facts: P owns a residential property in an industrial part of...

Procedural History: Plaintiffs are disturbed by noise from building owned by defendant. Plaintiffs sue for damages and an injunction to stop...

Euclid v. Ambler Realty Co., 272 U.S. 365 (1926) Prepared by Dirk Facts: P owns 68 acres between Nickle railroad and Euclid ave. in the...

Evans v. Pollock 796 S.W.2d 465 (Tex. 1990) Facts The Hornsbys and McCormicks divided a peninsula into a lake into 7 Blocks, A-G. Blocks A, B,...

Ewing v. Burnet, 36 U.S. 31 (1837) Point of Case: An adverse possession occurs if the possessor engages in visible and notorious acts of...

Fasano v. Board of County Commissioners Prepared by Candice Issue: Is zoning a legislative or judicial act? (In this case, the defendants want...

1. Finn v. Williams, (1941); pg. 601, briefed 3/29/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Williams...

First American title insurance v. First title service company of the Florida keys S.C. of FL, (1984) Procedural Background/Facts: First...

First National Bank of Oregon v. Townsend Court of Appeals Oregon (1976) 27 Or. App. 103 Procedural Background/Facts: The grantor Townsend...

Fontainbleau Hotel Corp. v. Forty-Five Twenty-Five, Inc. 114 So. 2d 357 (Fla. Dist. Ct. App. 1959) Facts Fountainbleau wanted to build a 14...

**Foster v. Reiss (1955); pg. 177, briefed 10/3/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: ∆ is the...

Foundation Development Corp. v. Loehmann's, Inc. FactsLoehmann's became the anchor tenant in Lincoln View Plaza Shopping Center, of which...

French v. French S.C. New Hampshirew, 1825 3 N.H. 234 Procedural Background/Facts: An instrument was written between a father and son, andrew,...

Procedural History: Buyer sues seller for non-disclosure of a violation of a wetlands regulation on the property because property was in violation at...

Fristoe v. Drapeau Cal App 1950 Prepared by Dirk Facts: A plot of land was subdivided into two lots, and an easement was created by...

Procedural Background/Facts: Plaintiff Robichaux entered into a contract with G-W-L- (goldstar) for the construction of a new house. Goldstar...