Hannah v. Peel
Brief

CitationK.B. 509 (King’s Bench 1945). View this case and other resources at: 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. ...

Goddard v. Winchell
Brief

Citation View this case and other resources at: Brief Fact Summary. Replevin action where Plaintiff owned land upon which a meteorite fell and was recovered by a third party accompanied by Plaintiff’s lessee and sold to Defendant. Synopsis of Rule of Law. Whatever is affixed to the soil is a part of the soil and no one may take such items away without the consent of the property owner. ...

Eads v. Brazleton
Brief

Citation View this case and other resources at: Brief Fact Summary. Plaintiff discovered a sunken steamboat with a cargo of lead which Plaintiff planned to salvage, but the Defendants came and salvaged the lead while Plaintiff was elsewhere making repairs to his boat. Synopsis of Rule of Law. In order for a court to sustain a claim of title by occupancy, the finder must establish that there was actual possession of the object so claimed. ...

Armory v. Delamirie
Brief

Citation93 ER 664, Volume 93 Brief Fact Summary. Plaintiff, a chimney sweep’s boy, found a jewel and took it to defendant’s jewel shop where he showed the jewel to an apprentice to find out what it was worth and upon hearing that the jewel was worth three halfpence, decided that he wanted the jewel back, which Defendant refused to return. Synopsis of Rule of Law. A finder of an object has a property interest which is not absolute, but is sufficient to allow the finder to keep the object against all claims but those made by the rightful owner. ...

Johnson v. McIntosh
Brief

Citation22 Ill.21 U.S. 543, 8 Wheat. 543, 5 L. Ed. 681 (1823) Brief Fact Summary. Plaintiffs sought to have certain land grants purportedly made by Indian tribal chiefs, recognized by the United States government. Synopsis of Rule of Law. The title of land which has been discovered and conquered belongs entirely to the conquering nation, subject only to the right of those natives present to occupy the land. ...

Shelley v. Kraemer
Brief

Citation22 Ill.334 U.S. 1, 68 S. Ct. 836, 92 L. Ed. 1161 (1948) Brief Fact Summary. Petitioners Shelley, who were black, bought a home in a neighborhood in which thirty out of thirty-nine parcel owners had signed a restrictive covenant which stated that no home was to be sold to any person who was black, which led to the suit by the neighborhood to undo the sale of the property to Shelley. Synopsis of Rule of Law. The Fourteenth Amendment’s guarantee of equal protection applies in this case to prohibit the enforcement of the restrictive covenant at issue due to the fact that the pro ...

Edwards v. Sims
Brief

Citation22 Ill.232 Ky. 791, 24 S.W.2d 619 (1929) Brief Fact Summary. The entrance of a cave was located on Edwards, the Petitioner’s (Petitioner) property. The Petitioner operated a public exhibition of the cave. A dispute arose because the Petitioner’s neighbor, Lee (Lee), felt the cave might extend under his property. Synopsis of Rule of Law. Despite the historical principle that property ownership includes ownership of both the air above and the soil below real estate, there are certain cases, such as this, where a court of equity is empowered to make rulings which ...

Moore v. Regents of the University of California
Brief

Citation22 Ill.51 Cal.3d 120, 271 Cal.Rptr. 146, 793 P.2d 479, 15 U.S.P.Q.2d 1753 (1990) Brief Fact Summary. Plaintiff Moore was a cancer patient at U.C.L.A. Medical Center where his doctor, over a period of several years, removed blood and other bodily fluids from Plaintiff which eventually became a “cell line” and was patented for commercial use, which aggrieved Plaintiff. Synopsis of Rule of Law. That no action based on a theory of conversion may be prosecuted where the subject matter of the allegation are excised cells taken from Plaintiff in the course of a medic ...

State v. Shack
Brief

Citation22 Ill.58 N.J. 297, 277 A.2d 369, 77 LRRM 2408 (1971) Brief Fact Summary. Defendants entered upon private property in order to aid migrant workers housed thereupon, and, after being ordered to leave by the owner, refused and were convicted of trespassing. Synopsis of Rule of Law. Under New Jersey state property law there is no right to bar access to government services available to migrant workers; therefore, no trespass occurred. ...

Jones v. Alfred H. Mayer Co
Brief

Citation22 Ill.392 U.S. 409, 88 S. Ct. 2186, 20 L. Ed. 2d 1189 (1968) Brief Fact Summary. Petitioner Jones (Petitioner) attempted to buy a home in St. Louis County, Missouri. The Respondent Alfred H. Mayer Co. (Respondent) refused to sell the home to the Petitioner. The Petitioner brought legal action against the Respondent, arguing Respondent had refused to sell the home to him solely because he was black. Synopsis of Rule of Law. 42 U.S.C. Section:1982 (Section:1982), an Act of Congress, states all citizens shall have the same property rights as white citizens. The Act bars both public ...

Pulliam v. Coastal Emergency Svcs
Brief

CitationPulliam v. Coastal Emergency Servs., 257 Va. 1, 509 S.E.2d 307, 1999 Va. LEXIS 3 (Va. Jan. 8, 1999) Brief Fact Summary. Mrs. Pulliam (Plaintiff) died of bacterial pneumonia and bacteremia after being negligently handled by a hospital physician. Synopsis of Rule of Law. The Virginia damage cap neither violates the United States Constitution or the Virginia Constitution. ...

Williams v. Wilson
Brief

CitationWilliams v. Wilson, 972 S.W.2d 260, 1998 Ky. LEXIS 63 (Ky. Apr. 16, 1998) Brief Fact Summary. A Kentucky statute was modified to replace the common law standard permitting a jury to determine an award for punitive damages. Synopsis of Rule of Law. The doctrine of jural rights is deeply rooted within Kentucky law and careful considerations need to be made before it can be declared unconstitutional. ...

Harmon v. Harmon
Brief

CitationHarmon v. Harmon, 404 A.2d 1020, 1979 Me. LEXIS 719 (Me. Aug. 23, 1979) Brief Fact Summary. The Plaintiff, Richard Harmon (Plaintiff), sued the Defendants, Harold C. Harmon and Virginia S. Harmon (Defendants), Plaintiff’s brother and sister in law, for allegedly inducing the Plaintiff’s mother by fraud and undue influence, to transfer property to the Defendants, effectively disinheriting the Plaintiff. Synopsis of Rule of Law. A party who, due to alleged wrongful interference from another, may seek relief in tort for the loss of the expectation of gain. ...

Neibuhr v. Gage
Brief

Citation Brief Fact Summary. Plaintiff seeks recovery for damages resulting from duress and identifies the recovery as that found under remedies for deceitful practices. Synopsis of Rule of Law. The remedy for deceitful practices is the same for actions of duress. ...

Horning v. Hardy
Brief

CitationHorning v. Hardy, 1977 Md. LEXIS 707, 281 Md. 739 (Md. Sept. 23, 1977) Brief Fact Summary. The Plaintiff, Albert C. Hardy (Plaintiff), brought suit against the Defendants, William B. Martin, Phyllis Martin (the Martins), Joseph P. Horning, Jr. and Lawrence E Horning (the Hornings), claiming that the Defendants had committed trespass on the Plaintiff’s land and seeking ejectment and damages. The Hornings filed a cross claim against the Martins, from whom, they had purchased the land and a counter claim against the Plaintiff for malicious interference with the contracts between ...

Burgdorfer v.Thielemann

CitationBurgdorfer v. Thielemann, 153 Ore. 354, 55 P.2d 1122, 1936 Ore. LEXIS 116, 104 A.L.R. 1407 (Or. 1936) Brief Fact Summary. The Plaintiff and the Defendant made a contract to buy land. The Plaintiff alleged that the Defendant misrepresented the value of the land and agreed to pay off a mortgage on the land when the Defendant had no such intent. Synopsis of Rule of Law. Failure to follow the Statute of Frauds (SOF) is not a defense in a case alleging deceit. ...

Hinkle v. Rockville Motor Co., Inc
Brief

CitationHinkle v. Rockville Motor Co., 278 A.2d 42, 262 Md. 502, 1971 Md. LEXIS 948 (Md. 1971) Brief Fact Summary. The Defendant, Rockville Motor Co., Inc. (Defendant), sold the Plaintiff, Hinkle (Plaintiff) a car, claiming it was “new”. In fact, it had about 2000 miles on it and had been in an accident, where the body was severed. The Plaintiff sued the Defendant for the costs the Plaintiff would incur to fix the car. Synopsis of Rule of Law. In a case of fraud or deceit, plaintiff need not show the actual value of the misrepresented item at the time of purchase to make a case ...

Sorenson v. Gardner
Brief

CitationSORENSON v. GARDNER, 215 Ore. 255, 334 P.2d 471, 1959 Ore. LEXIS 252 (Or. 1959) Brief Fact Summary. The Defendants, Mr. and Mrs. Gardner (Defendants), sold the Plaintiffs, Mr. and Mrs. Sorenson (Plaintiffs), a piece of property. The Plaintiffs sued the Defendants for deceit, alleging they misrepresented the value of the property. Synopsis of Rule of Law. The tort of deceit is committed if one makes a representation of law that would lead a reasonable person to a set of factual assumptions that would lead to the legal conclusion. ...

Richard v. A. Waldman and Sons, Inc
Brief

CitationRichard v. A. Waldman & Sons, Inc., 155 Conn. 343, 232 A.2d 307, 1967 Conn. LEXIS 557 (Conn. 1967) Brief Fact Summary. After a Plaintiff bought land relying on a survey from Waldman and Sons, Inc. (Defendant), he brought suit when he realized the survey lines were incomplete and that his house was too close to the boundary line of the property. Synopsis of Rule of Law. In a contract for sale, a defendant may be held liable, in tort, for representations upon which a plaintiff is induced to rely. ...

Griffith v. Byers Constr. Co. of Kansas, Inc
Brief

CitationGriffith v. Byers Constr. Co., 510 P.2d 198, 212 Kan. 65, 1973 Kan. LEXIS 488 (Kan. 1973) Brief Fact Summary. After Plaintiffs learned that the soil of their properties had a saline condition, they brought suit against Byers Construction Co. of Kansas, Inc. (Defendant), based on breach of implied warranty of fitness and fraud in concealment of a material matter. Synopsis of Rule of Law. When a defendant is aware of a material condition that will affect a plaintiff’s buying condition, and he conceals that condition, he may be guilty of fraudulent concealment, in tort, as well ...

Grainger v. Hill
Brief

Citation132 ER 769, Volume 132 View this case and other resources at: Brief Fact Summary. Plaintiff brought suit after Defendant had him arrested when Defendant accelerated payments on a mortgage that he had due to them. Synopsis of Rule of Law. Abuse of process in order to extort an outcome from another party is actionable. ...

Swinton v. Whitinsville Savings Bank
Brief

CitationSwinton v. Whitinsville Sav. Bank, 311 Mass. 677, 42 N.E.2d 808, 1942 Mass. LEXIS 769, 141 A.L.R. 965 (Mass. 1942) Brief Fact Summary. Plaintiff brought suit after he bought a house from Defendant, which was later found to be infested by termites. Synopsis of Rule of Law. This case fails to extend tort liability for nondisclosure in a contract situation. ...

Memphis Community School Dist. v. Stachura
Brief

CitationMemphis Cmty. Sch. Dist. v. Stachura, 477 U.S. 299, 106 S. Ct. 2537, 91 L. Ed. 2d 249, 1986 U.S. LEXIS 117, 54 U.S.L.W. 4771 (U.S. June 25, 1986) Brief Fact Summary. After a seventh grade teacher (Respondent) was suspended for showing sexually explicit materials in his life-science course, he brought suit alleging he was deprived of liberty and property without due process. Synopsis of Rule of Law. When dealing with the violation of constitutional rights, compensatory damages are available for measurable harms suffered. ...

Pearson v. Dodd
Brief

CitationPearson v. Dodd, 429 U.S. 396, 97 S. Ct. 581, 50 L. Ed. 2d 574, 1977 U.S. LEXIS 34, 56 Oil & Gas Rep. 321 (U.S. Jan. 12, 1977) Brief Fact Summary. Staffers of Plaintiff, a United States Senator, repeatedly entered his office and removed various documents. They made copies of the documents and distributed the copies to Defendants, who published their contents. The originals were returned to Plaintiff’s office. Synopsis of Rule of Law. Conversion is the intentional exercise of control or dominion over a chattel that interferes with another’s rights to control it with ...

Boomer v. Atlantic Cement Co., Inc
Brief

CitationBoomer v. Atlantic Cement Co., 26 N.Y.2d 219, 257 N.E.2d 870, 309 N.Y.S.2d 312, 1970 N.Y. LEXIS 1478, 40 A.L.R.3d 590, 1 ERC (BNA) 1175 (N.Y. Mar. 4, 1970) Brief Fact Summary. The Plaintiffs, Boomer and other neighboring land owners (Plaintiffs), brought a nuisance action against the Defendant, Atlantic Cement Co., Inc.’s (Defendant) neighboring cement plaint, claiming damages and an injunction due to dirt, smoke, and vibrations interfering with their property rights. Synopsis of Rule of Law. This court balances the equities between the two parties, refusing to close down a l ...