For Your Data Wilcox V. Stroup Example Brief

Wilcox v. Stroup case brief summary
467 F.3d 409 (4th Cir. 2006)

CASE SYNOPSIS

Appellants, the State of South Carolina as well as officials, challenged a judgment from the the States District Court for the District of South Carolina, at Charleston, which reversed a determination of a bankruptcy courtroom holding that papers from the administrations of 2 governors of South Carolina during the Civil War were business office of appellee's estate as well as non populace property.

DISCUSSION

The courtroom held that because of appellee's family's possession of the papers, at that spot was a presumption that appellee's theatre unit of measurement owned the papers.
The courtroom explained that absent prove of superior title, the police presumed inward favor of possession, for possession lone was prima facie prove of a skillful title.
Moreover, the presumption of person possession did non frustrate the public's involvement because copies of the papers were available on microfilm.
The courtroom farther concluded that appellants had non rebutted this presumption because it did non constitute that South Carolina police at the relevant fourth dimension treated gubernatorial papers equally populace property.

CONCLUSION
The courtroom affirmed the judgment.

Recommended Supplements as well as Study Aids for Property Law