Citation40 Cal. 3d 488, 709 P.2d 837, 220 Cal. Rptr. 818, 1985 Cal. Brief Fact Summary. The Plaintiffs, Kendall and others (Plaintiffs), wanted to become the assignees of a current interest in land. The Defendant, Ernest Pestana, Inc. (Defendant), withheld consent pursuant to a provision in the lease requiring the corporation’s approval. Plaintiff sued for declaratory relief. Synopsis of Rule of Law. Lessor must have a reasonable objection to the assignment, even with a provision in the lease stating consent can be withheld for any reason. ...
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Crechale & Polles, Inc. v. Smith
Citation295 So. 2d 275, 1974 Miss. Brief Fact Summary. Tenants of property remained after expiration of lease despite the landlord telling them to vacate. Once the landlord accepted a rent payment, tenants treated lease as a month-to-month lease, which landlord argued was actually a renewal of the full five-year term. Landlord sued to enforce a new five-year lease. Synopsis of Rule of Law. Once the landlord accepts rent from a tenant at the end of the lease, he effectively agrees to a month-to-month extension of the lease. ...
Hannan v. Dusch
Citation154 Va. 356, 153 S.E. 824, 1930 Va. 70 A.L.R. 141 View this case and other resources at: Brief Fact Summary. Lessee brought suit to recover damages from lessor. After signing a lease, the lessee discovered former tenants, which the lessor refused to evict, occupied the property. Synopsis of Rule of Law. Under the American rule, the lessee has a right to possession, but absent an explicit covenant, the lessor has no duty to deliver possession. ...
Garner v. Gerrish
Citation63 N.Y.2d 575, 483 N.Y.S.2d 973, 473 N.E.2d 223 (1984) Brief Fact Summary. Executor of landlord’s will filed suit to evict a tenant who was in possession of a lease that gave him the right to end the tenancy on a date of his choice. Synopsis of Rule of Law. A lessor can create a lease in which the lessee possesses the sole power to terminate the lease, which creates a life tenancy in the lessee. ...
In re Marriage of Graham
Citation194 Colo. 429, 574 P.2d 75, 1978 Colo. Brief Fact Summary. Wife supported her husband financially while he attended school. The spouses filed for divorce and the issue became whether the husband’s degree was marital property that could be divided. Synopsis of Rule of Law. An educational degree is not encompassed by even a broad interpretation of property. ...
Elkus v. Elkus
Citation169 A.D.2d 134, 572 N.Y.S.2d 901,1991 N.Y. App. Div. Brief Fact Summary. Husband and wife divorced, but requested a ruling on whether wife’s celebrity status and career success was marital property subject to equitable distribution in the divorce proceeding. Synopsis of Rule of Law. To the extent that a supporting spouse’s efforts led to an increase in value of spouse’s career, he or she is entitled to a share in equitable distribution. ...
Sawada v. Endo
Citation57 Haw. 608, 561 P.2d 1291, 1977 Haw. Brief Fact Summary. The Plaintiffs, Mr. & Mrs. Sawada (Plaintiffs), sue to recover on a money judgment against the Defendants, members of the Endo family (Defendants), who granted property to their sons. Synopsis of Rule of Law. Tenancy by the entirety, for reasons of public policy, is not subject to attachment or levy by their respective individual creditors. ...
United States v. 1500 Lincoln Avenue
Citation949 F.2d 73 (3d Cir. 1991) Brief Fact Summary. The Government sued to determine whether the innocent spouse possessed rights in property held by tenancy by the entirety. One spouse violated a federal statute that allowed the government to force forfeiture of property held by an individual who violated the statute. Synopsis of Rule of Law. To preserve the goals of the statute, the innocent spouse has rights of survivorship and this prevents attachment by the guilty spouse’s creditors. ...
Delfino v. Vealencis
Citation181 Conn. 533, 436 A.2d 27, 1980 Conn. Brief Fact Summary. Cotenants of property filed complaint to force partition of land held as tenants in common. Synopsis of Rule of Law. The court must analyze the best interests of all parties to determine whether to partition land in kind or partition via sale. ...
Spiller v. Mackereth
Citation334 So. 2d 859 (Ala. 1976) Brief Fact Summary. Cotenants of property held as tenants in common filed complaint seeking sale for division among tenants in common. Synopsis of Rule of Law. Ouster necessitating the payment of rent to non-occupying tenants requires that the occupying tenant take action that prevents the use and enjoyment of the property by the non-occupying cotenants. ...
Swartzbaugh v. Sampson
Citation11 Cal. App. 2d 451, 54 P.2d 73, 1936 Cal. App. Brief Fact Summary. Joint tenant leased property held in joint tenancy without the consent of other joint tenant who initiated suit to cancel the lease. Synopsis of Rule of Law. A joint tenant can lease or license anything less or equal to his rights in the joint tenancy property. ...
Riddle v. Harmon
Citation102 Cal.App.3d 524, 162 Cal.Rptr. 530 (Ct. App. 1980) Brief Fact Summary. Joint tenant conveyed property to herself as tenant in common without telling joint tenant. Synopsis of Rule of Law. A joint tenant can unilaterally sever the joint tenancy and create a tenancy in common by conveying the property to herself as a tenant in common. ...
Harms v. Sprague
Citation105 Ill. 2d 215, 473 N.E.2d 930, 1984 Ill. 85 Ill. Dec. 331 Brief Fact Summary. Surviving joint tenant brought action to determine title and ownership of survivorship property against mortgage holder and executor of decedent’s estate. Synopsis of Rule of Law. A mortgage on the joint tenancy property was not a lien after the death of the joint tenant and did not sever the four unities of joint tenancy, thus the surviving tenant became the sole owner of the property. ...
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. ...
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. ...
Mahrenholz v. County Board of School Trustees
Citation93 Ill. App. 3d 366, 48 Ill. Dec. 736, 417 N.E.2d 138 (App. Ct. 1981) Brief Fact Summary. An action to quiet title to property rests upon the issue of whether the original deed conveyed a fee simple determinable with possibility of reverter or a fee simple subject to condition subsequent with a right of re-entry. Synopsis of Rule of Law. The common law states future interests in land by possibility of reverter or right of re-entry are inheritable, but are not transferable by will or by inter vivos conveyance. The use of the word “only” in a deed followed by th ...
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. ...
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. ...