Stambovsky v. Ackley

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 […]

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Pierson v. Post

Following 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 […]

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Katko v. Briney

Following 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 […]

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Quiet Title

The 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 […]

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Shelley v. Kraemer

Following 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 […]

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Pennoyer v. Neff

Following 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 […]

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Accretion Real Estate

The 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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