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46 Cards in this Set
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Johnson v. M’Intosh |
Indians don’t have the right to sell the land; U.S. obtained the rights to the land thru purchase/conquest |
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Pierson v. Post |
Foxhunting case; pro-capture rule: mortal wounding comes the closest to actual possession |
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Keeble v. Hickeringill |
Duck decoy case; Plaintiff won because he had constructive possession of the ducks using his duck blind |
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Popov v. Hayashi |
baseball case; Gray’s rule: a person who catches a baseball that enters the stands is its owner. A ball is caught if the person has achieved complete control of the ball at the point in time that the momentum of the ball and the momentum of the fan while attempting to catch the ball ceases. A baseball, which is dislodged by incidental contract with an inanimate object or another person, before momentum has ceased, is not possessed. Incidental contact with another person is contact that is not intended by the other person. The first person to pick up a loose ball and secure it becomes its possessor. |
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Jacque v. Steenberg Homes, Inc |
mobile home delivery; every person has a right to the exclusive enjoyment of his own property for any purpose which does not invade the rights of another person; society has an interest in punishing and deterring intentional trespassers beyond that of protecting the interests of the individual landowner |
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State v. Shack |
migrant workers; the rights of the landowner do not outweigh the rights of the migrants; the ownership of real property does not include the right to bar access to governmental services available to migrant workers; migrants are already a marginalized class |
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Diamond v. Chakrabarty |
bacteria patent; Chakrabarty prevails because although the bacterium is found in nature, it had been significantly altered so that it is no longer similar to the bacteria found in nature and therefore is patentable |
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Feist Publications, Inc. v. Rural Telephone Service Co. |
telephone book copyright; a compilation of facts must have some originality in its compilation in order for it to be copyrightable |
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Armory v. Delamirie |
chimney sweep finding jewel; the chimney sweep was the valid finder of the jewel; therefore he had the strongest claim to it save the true owner |
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Hannah v. Peel |
solider finding jewel in the house; The homeowner was never in physical possession of the property, had no knowledge of the brooch, and therefore never had constructive possession of it; therefore the solider wins. |
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South Staffordshire Water Co. v. Sharman |
ring found in the lake by employee; the property owner wins because the actual finder was hired by the property owner and was acting on their behalf |
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Fulkerson v. Van Buren |
church using building without permission from the owner; the church lacked the requisite hostile intent in order to satisfy adverse possession |
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Hollander v. World Mission Church of Washington, D.C |
upkeep of grass church case; plaintiff mistakenly thought she owned the land; court found that this mistake was enough to satisfy hostility element |
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Howard v. Kunto |
lake property/error in deeds; sufficient privity of estate to permit tacking and thus establish adverse possession as a matter of law |
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O’Keeffe v. Snyder |
stolen paintings; an artist who uses reasonable efforts to report, investigate, and recover a painting to preserve the rights of title and possession, the statute of limitations will not begin to run |
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Newman v. Bost |
housekeeper claiming employer gave her items on his deathbed; no manual delivery of the insurance policy, therefore the housekeeper was not gifted it; she was only gifted her bedroom furniture and the furniture pointed out by intestate on his deathbed, due to adequate constructive delivery |
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Gruen v. Gruen |
father gifting son a painting; as long as the evidence establishes an intent to make a present and irrevocable transfer of title or the right of ownership, there is a present transfer of some interest and the gift is effective immediately |
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White v. Brown |
decedent trying to will house to sister and niece; language of the devise was ambiguous; therefore it is insufficient to overcome the presumption of fee simple |
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Mahrenholz v. County Board of School Trustees |
land must be used for school purposes; storage by the school still counts as school use; therefore the school did not violate the condition |
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Harms v. Sprague |
brothers as joint tenants; a mortgage given by one joint tenant of his interest in the property does not sever the joint tenancy; the surviving brother’s right of survivorship became operative upon the death of his brother, and is now the sole owner of the estate; the mortgage executed by the decedent does not survive as a lien on the property |
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Delfino v. Vealencis |
garbage queen of Bristol; plaintiffs did not meet the requirements for partition by sale, therefore partition in kind is ordered |
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Spiller v. Mackereth |
co-tenants owning building that one tenant used for storage; in absence of an agreement to pay rent or an ouster of a cotenant, a cotenant in possession is not liable to his cotenants for the value of his use and occupation of the property. Before an occupying cotenant can be liable for rent, he must have denied his cotenants the right to enter |
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Sawada v. Endo |
husband and wife car accident; the conveyance to the sons was not fraud because an estate by the entirety is not subject to the claims of the creditors of one of the spouses during their joint lives |
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Kajo Church Square, Inc. v. Walker |
grantors trying to reserve a life estate for themselves; no language in the deed evidencing the grantors’ alleged life estate interest in the property; the language of the deed is not ambiguous; the church owns the property in fee simple encumbered by a tenancy at will; the church had the right to terminate the lease and it gave the grantors the requisite notice to do so |
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Ernst v. Conditt |
racetrack case; the original leaseholder agreed to become personally liable for the rent and the expense of the removal of the improvements upon the default of the defendant. He neither expressly, nor by implication, reserved the right to re-enter for a condition broken by defendant |
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Berg v. Wiley |
restaurant owner and landlord resorting to self-help; the plaintiff did not abandon or surrender the premises, and defendant’s reentry was forcible and wrongful as a matter of law |
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Village Commons, LLC v. Marion County Prosecutor’s Office |
water damage, mold, and constructive eviction; the prosecutor’s office was constructively evicted by the landlord’s omission, which was resulting from further rent payment obligation |
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Hilder v. St. Peter |
tenant being forced to make repairs; implied warranty of habitability: in the rental of any residential dwelling unit an implied warranty exists in the lease, whether oral or written, that the landlord will deliver over and maintain, throughout the period of the tenancy premises that are safe, clean, and fit for human habitation. Exists in tenancies for a specific period or at will. Covers all latent and patent defects in the essential facilities of the residential unit; also covers common areas; doesn’t allow tenants to assume risks; warranty can’t be waived; |
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Lohmeyer v. Bower |
doctor finding out there was a restrictive covenant on the land; the defendants did not have marketable title to what they were selling, therefore the plaintiff had the right to rescind the contract |
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Stambovsky v. Ackley |
ghostbusters; NY rule; plaintiff can rescind the contract because there is no way that he would have been able to determine on his own that the house was haunted, and the defendant went around telling everyone but the plaintiff that the house was haunted |
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Johnson v. Davis |
roof leaking; FL rule; court adopts modern rule restricting caveat emptor; mere nondisclosure does not constitute a fraudulent concealment |
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Jones v. Lee |
defendants backing out of house purchase because they didn’t have the money; loss of bargain rule: when a purchaser breaches an executory real estate contract, the vendor’s measure of damages is the difference between the purchase price and the market value of the property at the time of the breach. Where the market value at the time of the breach is the same as the contract price, the sellers are generally limited to the recovery of only nominal damages or forfeiture of any earnest money, unless the sellers have established that they have also incurred special damages resulting from such breach |
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Kutzin v. Pirnie |
standard-form real estate contract with no forfeiture or liquidated damages clause; modern rule: if a party justifiably refuses to perform on the ground that his remaining duties of performance have been discharged by the other party’s breach, the party in breach is entitled to restitution for any benefit that he has conferred by way of part performance or reliance in excess of the loss that he has caused by his own breach |
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Brown v. Lober |
mineral rights case; the plaintiffs have been in no way prevented or hindered from the enjoyment of the possession by any one having a better right. Until such a time as one holding paramount title interferes with the plaintiffs’ right of possession, there can be no constructive eviction, and therefore, no breach of the covenant of quiet enjoyment |
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Sweeney v. Sweeney |
brothers trying to outfox the estranged wife; conditional delivery cannot be given directly to the grantee; must be given to a third party, i.e. an escrow account |
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Murphy v. Fin. Dev. Corp |
plaintiffs couldn’t exercise right of redemption; the bank didn’t act in bad faith; acted without due diligence; therefore the plaintiffs are entitled to excess amount owed. |
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Commonwealth v. Fremont Investment and Loan |
consumer protection claim about subprime mortgages; the injunction against subprime loans is correct because they are characteristically unfair |
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U.S. Bank Natl. Assn. v. Ibanez |
foreclosures and shady bank mortgage transfers; the bank did not demonstrate that they were holders of the mortgages at the time that they foreclosed these properties, and therefore failed to demonstrate that they acquired in fee simple title to these properties by purchasing them at the foreclosure sale. |
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Luthi v. Evans |
oil and gas interests; Mother Hubbard clause; plaintiff had no constructive or actual knowledge of the prior instruments so his assignment prevails |
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Messersmith v. Smith |
aunt conveying land to nephew and others thru different instruments; no adequate evidence of acknowledgment on the part of the aunt even though she did not have adequate title to convey |
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Board of Education of Minneapolis v. Hughes |
separate conveyances to school and others; the defendant satisfied the statute by recording his deed first, therefore his claim should prevail |
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Guillette v. Daly Dry Wall, Inc |
restrictions in subdivision deeds; even though the restriction was not specifically mentioned in the deed, it still applies because of reciprocity of restriction between grantor and grantee |
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Waldorf Insurance and Bonding, Inc. v. Eglin National Bank |
ondos in FL; notice consisted of Waldorf living in the unit, i.e. actual possession; bank was put on inquiry notice |
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Willard v. First Church of Christ, Scientist |
church member granting easement; courts must look to the intent of the parties to determine whether or not an easement exists |
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Othen v. Rosier |
boxed in plaintiff having to cross land; plaintiff’s claim of an implied easement is not satisfied because he failed to prove all three requirements |
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Tulk v. Moxhay |
English square case; an equitable servitude can pass on to subsequent purchasers of the land |
