Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
17 Cards in this Set
- Front
- Back
|
Facts for Howard v. Kunto
|
D's house on lot adjacent to lot specified in deed. D has only owned house for one year, but it has existed for decades. D only uses it as a summer home.
|
|
|
Holdings of Howard v. Kunto
|
Continuous use means continuous use consistent with ordinary use in holding, managing, and caring for property of like nature and condition.
TODO: Tacking rule |
|
|
Facts of O'Keeffe v. Snyder
|
Paintings stolen, owned for 30+ years, then O'Keeffe finds them and sues for replevin.
|
|
|
Rule of O'Keeffe v. Snyder
|
Discovery Rule: A cause of action will not accrue until the injured party discovers, or through reasonable diligence and intelligence should have discovered, facts which form the basis of a cause of action.
|
|
|
bailment definition
|
Bailment is the rightful possession of chattels by someone (bailee) other than the owner (bailor). Possession here means (1) physical control and (2) intent to exercise that control.
|
|
|
replevin definition
|
lawsuit to obtain return of goods, not cash damages (as opposed to trover)
|
|
|
trover
|
early tort action to recover cash damages for wrongful conversion (as opposed to replevin)
|
|
|
bailee definition
|
the person legally possessing an item he does not own
|
|
|
bailor definition
|
legal owner of the item the bailee possesses
|
|
|
O convents "to A for life, then to B forever". What gets conveyed?
|
A gets a life estate and B has a vested remainder in a fee simple absolute
|
|
|
type of defeasible estate that ends automatically
|
fee simple determinable
|
|
|
typical future interest in a fee simple determinable
|
possibility of reverter
|
|
|
typical limiting language for a determinable fee simple
|
1. until
2. while 3. during In general, the words should have a durational aspect. Mere motive is not enough. |
|
|
Difference between a FSD and a FSCS
|
FSD terminates automatically, FSCS is not automatic, but requires transferor to exercise the right of entry
|
|
|
Words of limitation for a FSCS?
|
Conditional words:
1. but if... 2. provided that... 3. on the condition that if... |
|
|
Typical future interest in a FSCS?
|
Right of Entry
|
|
|
Difference between remainder and executory interest?
|
Remainder waits for possessory interest to end, executory interst can cut it short
|
