Citation29 ER 1186, Volume 29 Brief Fact Summary. Action, brought by Plaintiff, to have a future interest, bequeathed by will, secured upon a stated condition of the will not occurring. Synopsis of Rule of Law. This early version of the Rule against Perpetuities states that the limitations of a personal estate are void, unless they necessarily vest, if at all, within a life or lives in being and 21 years and 10 months afterwards. ...
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The Symphony Space, Inc. v. Pergola Properties, Inc
Citation22 Ill.88 N.Y.2d 466, 646 N.Y.S.2d 641, 669 N.E.2d 799 (1996) Brief Fact Summary. The Plaintiff, the Symphony Space, Inc. (Plaintiff), seeks to have a commercial option contract declared void because it vests beyond the 21-year perpetuity period. Synopsis of Rule of Law. If a commercial option contract has any possibility of vesting beyond the 21 year’s perpetuities period it is held void. ...
Ink et al. v. City of Canton
Citation4 Ohio St. 2d 51, 212 N.E.2d 574 (1965) Brief Fact Summary. Property granted to the city was taken by the state in eminent domain proceeding. Grantors would like a portion of the money obtained in the proceeding. Synopsis of Rule of Law. An eminent domain proceeding against land obtained by grant, resulting in the payment of money does not extinguish, if any, reversionary interest the grantor possesses. ...
Swanson v. Swanson
Citation22 Ill.270 Ga. 733, 514 S.E.2d 822 (1999) Brief Fact Summary. The Appellant, Peggy Swanson (Appellant), brings action claiming she is entitled to inherit her deceased husband’s remainder interests held in a trust created by his father. Synopsis of Rule of Law. A vested remainder can be inherited. ...
Baker v. Weedon
Citation262 So. 2d 641 (Miss. 1972) Brief Fact Summary. The Appellants, Henry Baker and others (Appellants), appeal a lower court decision authorizing the sale of the property of which they hold a future interest. Synopsis of Rule of Law. The courts role in determining whether to allow the sale of land affected by a future interest, is to consider whether selling the land would prevent waste of the property and to consider whether a sale is necessary for the best interest of all the parties, including the life tenant and the contingent remaindermen. ...
Mountain Brow Lodge No. 82, Independent Order of Odd Fellows v. Toscano
Citation257 Cal. App. 2d 22, 64 Cal. Rptr. 816, 1967 Cal. App. Brief Fact Summary. The Appellant, Mountain Brow Lodge No. 82, Independent Order of Odd Fellows (Appellant), instituted an action to quiet title to a parcel of real property. Synopsis of Rule of Law. No formal language is needed to create a fee simple subject to condition subsequent as long as the intent of the grantor is clear. The object in construing a deed is to ascertain the intent of the grantor from words that were used in the deed and surrounding circumstances. ...
Gruen v. Gruen
Citation68 N.Y.2d 48, 505 N.Y.S.2d 849, 496 N.E.2d 869 (1986) Brief Fact Summary. The Plaintiff, Michael Gruen (Plaintiff), commenced an action seeking a declaration that he is the rightful owner of a painting that his now deceased father had given to him, despite the fact that he never retained possession of the painting. Synopsis of Rule of Law. In order for an inter vivos gift to be valid, there must be intent on the part of the donor to make a gift, delivery by the donor to the donee and acceptance of the gift by the donee. An inter vivos gift requires that the donor ...
White v. Brown
Citation559 S.W.2d 938, 1977 Tenn. Brief Fact Summary. Action to determine whether a will conveyed a fee simple in the Plaintiff, Evelyn White (Plaintiff), or merely a life estate in the Plaintiff with the remainder interest to go to Defendants. Synopsis of Rule of Law. Rules of construction of an ambiguous will favors a conveyance of fee simple absolute. ...
O’Keeffe v. Snyder
Citation83 N.J. 478, 416 A.2d 862, 1980 N.J. Brief Fact Summary. This is an appeal from an order of the Appellate Division by the Plaintiff, Georgia O’keefe (Plaintiff), against the Defendant, Barry Snyder, d/b/a Princeton Gallery of Fine Art (Defendant) for replevin of three pictures painted by the Plaintiff. Synopsis of Rule of Law. The statute of limitations for replevin will begin when the owner of the chattel should have through due diligence discovered facts that form the basis for a cause of action. ...
Newman v. Bost
Citation122 N.C. 524, 29 S.E. 848, 1898 N.C. Brief Fact Summary. The Plaintiff, Julia Newman (Plaintiff), files suit against the Defendant, F. W. Bost (Defendant), the administrator of the deceased’s estate, claiming the Defendant converted gifts the deceased had made to her by gift causa mortis. Synopsis of Rule of Law. To constitute a gift causa mortis, a gift made in contemplation of and expectation of immediate death, there must be an intention to make a gift and actual delivery of that gift. The donor of the gift can expressly or impliedly intend to make a gift, bu ...
Manillo v. Gorski
Citation54 N.J. 378, 255 A.2d 258, 1969 N.J. Brief Fact Summary. Action to settle a claim of title by adverse possession when the possessor was under a mistaken belief the encroached upon land belong to her. Synopsis of Rule of Law. Entry and possession of land for the required time which is exclusive, continuous, uninterrupted, visible and notorious, even though under a mistaken claim of title, is sufficient to support a claim of title by adverse possession. In order to be open and notorious, a minor encroachment along a boundary line must be known by the true possessor ...
Howard v. Kunto
CitationHoward v. Kunto, 3 Wn. App. 393, 477 P.2d 210 (Ct. App. 1970) Brief Fact Summary. The Appellants, V. Waldemar Kunto and Garnet Kunto (Appellants), appeal from a decree quieting title in the Respondents, Joseph C. Howard and Madeline L. Howard and William J. Yearly and Elizabeth H. Yearly (Respondents) after issue of description in deeds not conforming to land the deed holders occupied. Synopsis of Rule of Law. To constitute adverse possession, there must be actual possession that is uninterrupted, open and notorious, hostile and exclusive and under a claim of righ ...
Hannah v. Peel
CitationK.B. 509 (King’s Bench 1945). Brief Fact Summary. Plaintiff, who was a soldier staying in the house owned (but not occupied) by Defendant, found a brooch and then gave the brooch to the police who later, after not finding the rightful owner, gave the brooch to Defendant, who then sold the brooch. Synopsis of Rule of Law. Because Defendant was not physically present in the house at any time, Plaintiff’s find was defensible against all parties except the rightful owner. ...
McAvoy v. Medina
Citation87 Am. Dec. 733 (Mass. 1866). Brief Fact Summary. Plaintiff was a customer at Defendant’s barber shop and found a pocket-book on the counter which he left with Defendant to attempt to discover the rightful owner. When the rightful owner was not found, Plaintiff demanded return of the pocket-book, which Defendant refused to give back. Synopsis of Rule of Law. When a customer leaves a pocket-book on the counter of a shop the item is not subject to the historical rules regarding lost property. ...
Van Valkenburgh v. Lutz
Citation304 N.Y. 95, 106 N.E.2d 28 (1952) Brief Fact Summary. Appeal regarding an action for claim of title under adverse possession of a right of way. Synopsis of Rule of Law. At the time of this case, to acquire real title to property by adverse possession, it must be shown by clear and convincing proof that for the statutory period of time there was actual occupation under a claim of title. The essential elements of proof are that the premises are protected by a substantial enclosure or usually cultivated or improved. ...
Moore v. Regents of the University of California
Citation229 F.3d 831, 84 FEP Cases 129 (9th Cir. 2000) Brief Fact Summary. P brought several actions against Ds including conversion and breach of fiduciary duty when his cells were used in medical research without his permission. Synopsis of Rule of Law. Failure of a physician to disclose his personal interest unrelated to the patient’s health constitutes a breach of fiduciary duty. A person does not retain ownership interest in cells after they have left their body. ...
Armory v. Delamire
Citation93 ER 664, Volume 93 View this case and other resources at: Brief Fact Summary. Synopsis of Rule of Law. ...
Cheney Bros. v. Doris Silk Corp
Citation35 F.2d 279, 1929 U.S. App. Brief Fact Summary. The Plaintiff, Cheney Brothers (Plaintiff), sought to enjoin the Defendant, Doris Silk Corporation (Defendant), from copying its dress designs during the season. Synopsis of Rule of Law. In absence of some recognized right at common law, or under a statute, a man’s property right is limited to the actual chattels that embody his invention. ...
Virtual Works, Inc. v. Volkswagen of America, Inc
Citation238 F.3d 264, 2001 U.S. App. 57 U.S.P.Q.2D (BNA) 1547 Brief Fact Summary. Action involving a trademark suit under the Anti-Cybersquatting Act. Synopsis of Rule of Law. A person is liable under the anti-cybersquatting act if they have a bad faith intent to register and profit from a domain name that is a registered trademark associated with another company. ...
Ghen v. Rich
Citation8 F. 159 (D. Mass. 1881) Brief Fact Summary. A whale washed up on a beach. The Defendant, Rich (Defendant) purchased the whale at an auction. The crew of the Plaintiff, Ghen’s (Plaintiff) whaling ship killed the whale and left their marking in the whale. Synopsis of Rule of Law. Reasonable local usage gives title to the first taker of a whale who by acts of appropriation. ...
Keeble v. Hickeringill
Citation103 ER 1126, Volume 103 Brief Fact Summary. The Plaintiff, Keeble (Plaintiff), brought an action for damages against the Defendant, Hickeringill (Defendant), for depriving him of a profit when the Defendant purposefully frightened ducks away from the Plaintiff’s decoy pond by firing a gun. Synopsis of Rule of Law. Landowners are considered prior possessors (first possessors) of wild animals on their land. ...
International News Service v. Associated Press
Citation248 U.S. 215, 39 S. Ct. 68, 63 L. Ed. 211,1918 U.S. Brief Fact Summary. This case involves a question of unfair competition between two news collecting companies when one company reproduced the others news as their own. Synopsis of Rule of Law. There is a quasi property interest in news collected by an agency against other news collection agencies. It is unfair business competition for a news collection agency to distribute the news collected by another news collection agency. ...
Johnson v. M’Intosh
Citation21 U.S. 543, 5 L. Ed. 681, 1823 .S. 8 Wheat. 543 Brief Fact Summary. Action for ejectment for lands in the State of Illinois, in which plaintiff claims superior title under purchase and conveyance from the certain Indian nations over defendant under a later grant from the United States. Synopsis of Rule of Law. Discovery of land gives the exclusive right to settle, possess, and govern the new land, and the absolute title to the soil, subject to certain rights of occupancy only in the natives. ...
Pierson v. Post
Citation3 Cai. R. 175, 1805 N.Y. Brief Fact Summary. One man chased and pursued a fox, but another man killed it and carried it away. A dispute as to who had possession of the fox arose. Synopsis of Rule of Law. Mere pursuit of an animal does not give one a legal right to it. ...
Short v. Texaco, Inc
Citation22 Ill.273 Ind. 518, 406 N.E.2d 625 (1980) Brief Fact Summary. An act of the legislature of Indiana, called the Mineral Lapse Act (the Act), put an end to interests in minerals, which have not been used for twenty years. The lower court found the Act to be contrary to due process, equal protection and the guarantee of just compensation for property taken for the state. Synopsis of Rule of Law. The courts may not sit as a super legislature to judge the wisdom or desirability of legislative policy, where such determinations do not impact fundamental rights nor a suspect classificatio ...