Black Letter Law Flashcards
[Acquisition by Capture]
Pierson v. Post
A Hunter must either trap or mortally wound a wild animal in order to acquire title to it.
Constructive Possession
Dominion and control over an object, though not physical possession.
Ghen v. Rich
Title to a wild animal is acquired when a hunter apprehends the beast in accordance with custom.
Statute of Limitations
The time period that a person must possess an object before he takes title to it.
Keeble v. Hickeringill
A person may not maliciously prevent another from capturing wild animals in the pursuit of his trade.
[Acquisition by Creation]
[Intellectual Property]
International News Service v. Associated Press
Where a company has expended resources in creating news and information, the creator can exclude others from copying it until its commercial value as news has passed away.
Cheney Brothers v. Doris Silk Corp.
Unless the common law or the patent or copyright statutes give protection from appropriation, a person’s property interest is limited to the chattels which embody his creations.
First Possession
Acquisition of property by discovery, capture, and creation.
[Property in One’s Person]
Moore v. Regents of the University of California
A doctor has a duty to disclose the extent of his research and economic interests in a patient’s body parts. Human body parts are not properly such that they may be converted.
Bundle of Rights/Bundle of Sticks
A collection of rights which taken together characterize property ownership.
Conversion
The taking of the right of ownership to propert from another.
Demurrer
An answer by a defendant alleging that a plaintiff has alleged nothing that entitles him to a remedy.
Fiduciary Duty
The duty to act in the interest of another.
Sui Generis
Unique; one-of-a-kind.
Jacque v. Steenberg Homes, Inc.
Punitive damages may be imposed for intentional trespass to property.
State v. Shack
Property rights may not be exercised so as to endanger the well-being of others.
Vested
to take control of. One is vested of an estate in land when he has an immediate right to present or future enjoyment; the possibility of the right to future enjoyment is not good enough to be vested.
[Acquisition of Property by Find]
Armory v. Delamirie
Facts: Armory found a jewel and took it to Delamirie’s jewelry shop. Delamirie refused to return the jewel.
BLL: Finder of Lost Property has a title superior to all but the true owner.
Trover
A suit to recover the value of the Ps chattel that the D has converted.
Hanna v, Peel
Facts: Hanna found a brooch on Peel’s property. Peel never lived on his parcel of property.
BLL: If the owner of property has never occupied his land, the finder of property on this land has a superior title against the land owner.
Freehold
An estate in land that entitles one to current possession, sale, etc.
McAvoy v. Medina
Facts: A customer of the shop owner placed his wallet on the counter, but neglected to remove it. McAvoy found the wallet.
BLL: A finder has not title to property that is mislaid.
[Acquisition by Adverse Possession]
Van Valkenburgh v. Lutz
Lutzes, occuoied the van Valkenburgh’s land by building a one bedroom shack on it, u cultivating a garden on it, and by storing rubbish on it. In another action to establish a right of way across the land, the Lutzes admitted that the land belonged to the Van Valkenburgh’s.
BLL: In order to acquire title by adverse possession, possession must be:
- Actual
- Under claim of title
- and the land must either be enclosed or sufficiently improved.
Divest
To Take a right of ownership away from.
Easement
Right to use land.
Easement by Adverse Possession
The right to use the property of another acquired under the doctrine of adverse possession.
Vest
To give a present right to ownership.
[Mechanics of Adverse Possession]
Howard v. Kunto
Facts: Three adjacent landowners each held deeds that did not coincide with the actual legal descriptions of the physical properties.
BLL: Tacking on successive possessions of property is permitted for purposes of establishing adverse possession if the successive owner are in privity.
Adverse Possession
a method of acquiring title to real property by possession for a statutory period under certain conditions, especially a nonpermissive use of the land with a claim of right when that use is continuous, exclusive, hostile, open and notorious.
Privity
The connection or relationship between two parties, each having a legally recognized interest in the same subject matter (such as a transaction, proceeding, or piece of property); mutuality of interest.
Tacking
The joining of consecutive periods of possession by different persons to treat the periods as one continuous period; especially, the adding of one’s own period of land possession to that of a prior possessor to establish continuous adverse possession
O’Keeffe v. Snyder
Facts: Three of O’Keeffe’s paintings were stolen from an art gallery. The thefts were not reported to anyone.
BLL: The statute of limitations is tolled if the owner of stolen chattel makes diligent efforts to locate and recover the lost chattel. (Court makes it harder to obtain title to personal property by adverse possession).
Conversion
to take property from another
Discovery Rule
the rules by which one may obtain title to chattels by adverse possession. It provides that the statute of limitations does not run if the true owner uses diligence to discover the possessor of his property.
Legatees
A person who takes property under a will.
Replevin
An action to regain possession.
Voidable Title
Title which remains valid until the true owner asserts ownership.
Newman v. Bost
Facts:After giving the keys to much of the furniture in the house to Newman (P), the decedent pointed to the furniture and said to Newman (P) that he was giving it all to her. In one of the pieces of furniture was a life insurance policy.
BLL: Symbolic delivery of a gift is not effective. Constructive delivery is allowed only when it is impractical to deliver actual possession. (Court makes it more difficult to give gifts).
Administrator
A person appointed by a testator to carry out the directions in his will.
Donation Causa Mortis
A gift made when death is impending.
Estate
The accumulated property and legal rights of a deceased person.
Gift Causa Mortis
A gift made when death is impending
Gift Inter Vivos
A gift made while alive and healthy.
Intestate
One who has dies without a will; the estate of one who has died without a will.
Statute of Wills
The statute enacted in England which allowed persons to dispose of their property at death as they desired.
Testator
One who has made a will.
Gruen v. Gruen
Facts: The elder Gruen gave Gruen (P) a painting but reserved a life estate for himself. Gruen (P) has never had possession of the painting. (Court makes it easier to give gifts).
Constructive Delivery
Delivery of the means by which property may be possessed.
Life Estate
A possessory estate in property that has one’s life as the measure of duration.
Remainder Interest
An interest in property that is not currently possessory, but will become possessory in the future.
Reserve
To keep for oneself rather than conveying to another.
Symbolic Delivery
Delivery in the eyes of the law; the performing of some act that represents delivery, such as executing a writing.
Testamentary
Pertaining to a will.
[Possessory Estates]
(The Life Estate)
White v. Brown
Facts: Jessie Lide died leaving a will stating “I wish Evelyn White (P) to have my home to live in and not be sold…My house is not to be sold.”
Issue: Unless a contrary intention appears by the terms of the will and its context, does a will convey a testator’s entire interest?
BLL: Unless a contrary intention appears by the terms of the will and its context, a will conveys a testator’s entire interest. (Court’s presume that a conveyance of real property in a will was intended to convey a fee simple estate, unless contrary intent is demonstrated).
Alienation of Property
The principle that the owner of a piece of property should be able to sell or use the land as he or she sees fit, without limitation by the former owner.
Estate
the extent or nature of one’s interest in property. Also, the sum total of all of one’s property at death.
Fee Simple
The largest estate in land that one may own.
Life Estate
An estate that lasts either for the life of the owner or the life of another person.
Remainder
The future interest that becomes possessory after the expiration of some intervening estate.
Restraint of Alienation
A restriction on the sale or conveyance of property.
Baker v. Weedon
Facts: Weedon left a life estate to Weedon (P) and a remainder to the Bakers (D). Weedon (D) wishes to sale the land now to reap its value; Bakers (P) wishes to retain ownership of the land to allow its value to increase.
Issue: Shall a trial court order a judicial sale only if it is in the best interest of all parties?
BLL: A trial court shall order a judicial sale only if it is in the best interest of both the freehold tenant and the holder of the future interest. (In ordering a sale of land, courts must balance the interests of those who have a present interest and those with a future interest).
Economic Waste
To allow land to depreciate in value; to not put land to its best and most valuable use.
Future Interest
An interest in land that is not currently possessory.
Remaindermen
Those persons who have an interest in property that will not become possessory until some intervening estate has expired.
Trust
A legal entity created by one person for the benefit of another; usually the trustee has legal title to the property, and the beneficiary is entitled to the income from the trust.
[Defeasible Estates]
Mahrenholz v. County Board of School Trustees
Facts: The Huttons conveyed land to the school board (D) “to be used for school purposes only.” Subsequently, the school used the land for storage.
Issue: Does language such as “to be used for school purposes only” create a fee simple determinable?
BLL: Language such as “to be used for school purposes only” creates a fee simple determinable. (Court distinguishes between language which creates a fee simple determinable and fee simple on condition subsequent).
Defeasible Fee Simple
A fee simple estate in land which can be divested if a pre-determined condition subsequent actually occurs.
Fee Simple Determinable
A fee simple which is divested from the owner and reverts back to the grantor upon the occurrence of a pre-determined condition subsequent.
