The Law Dictionary for Everyone
Following is the case brief for Stambovsky v. Ackley, 169 A.D.2nd 254 (NY App. Div. 1991) Case Summary of Stambovsky v. Ackley: Plaintiff Stambovsky sued to rescind a real estate contract when he learned that the house was supposedly haunted, impacting its value. The trial court dismissed the action, finding no remedy at law. The appeals court modified the judgment. It […]
Read moreThe legal term constructive eviction refers to a landlord’s action – or failure to take action – that makes the premises uninhabitable, or which robs the tenant of the use and enjoyment of the premises. This occurs without taking steps to legally evict a tenant, rather simply making staying so miserable that the tenant just leaves. Constructive eviction is not […]
Read moreFollowing is the case brief for Keeble v. Hickeringill, 11 East 570 (1707) Case Summary of Keeble v. Hickeringill: Keeble ran a decoy pond on his land for his livelihood. Hickeringill fired a gun in order to scare the ducks away from Keeble’s pond. Keeble sued Hickeringill for interfering in his business. A verdict was entered in favor of Keeble, awarding […]
Read moreFollowing is the case brief for Pierson v. Post, New York Court of Appeals, (1805) Case summary for Pierson v. Post: Post was a fox hunter in pursuit of a specific fox. Before Post was able to mortally injure or physically catch the fox, Pierson began to pursue and eventually catch the same fox. Post brought an action against Pierson […]
Read moreFollowing is the case brief for Katko v. Briney, 183 N.W.2d 657 (1971) Case Summary of Katko v. Briney: Defendants set up a spring gun to guard against people trespassing into their unoccupied farmhouse. Plaintiff broke into the house and was seriously injured by the spring gun. At trial, Plaintiff won a verdict of $20,000 actual, and $10,000 punitive, damages. Defendant […]
Read moreThe legal term quiet title refers to a lawsuit that is brought to resolve issues with a title to real property, or personal property that has a title, making it possible to sell or buy the property. It is called an action to “quiet” title because, in establishing who the proper owner of the title is, the lawsuit “quiets” any […]
Read moreFollowing is the case brief for Shelley v. Kraemer, 344 U.S. 1 (1948). Case Summary of Shelley v. Kraemer: In two companion cases, two African-American families were denied the use of land that they purchased due to race-based restrictive covenants placed on those properties. The State Supreme Courts of Missouri and Michigan allowed the deprivation of the property based on the […]
Read moreFollowing is the case brief for Kelo v. City of New London, United States Supreme Court, (2005) Case summary for Kelo v. City of New London: After residing there for over sixty years, Susette Kelo was notified by the city of New London that the property was going to be taken away through the city’s eminent domain powers and sold […]
Read moreFollowing is the case brief for Pennoyer v. Neff, 95 U.S. 714 (1878). Case Summary of Pennoyer v. Neff: An attorney, Mitchell, sued Neff in Oregon state court. Neff did not live in Oregon. Mitchell served notice of the suit by publication, not by personal service. Once Mitchell received a default judgment against Neff, Mitchell sold property Neff owned in Oregon […]
Read moreThe term accretion is used in real estate law to refer to an increase of land due to the accumulation of soil on the shoreline of a lake, stream, or the sea. While accretion is a gift bestowed on landowners by Mother Nature, land can also decrease in size through erosion and avulsion. To explore this concept, consider the following […]
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