For Your Data Mcintyre V. Scarbrough Example Brief
September 01, 2019
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McIntyre v. Scarbrough case brief summary
471 S.E. sec 199 (1996)
CASE FACTS
The buyers purchased a tract of Earth past times warranty deed, alongside reservation of a life estate inwards the seller inwards 1.2 acres that included a mobile home, porch, together with shed. The buyers filed a lawsuit to constitute championship together with to post away the life estate. The buyers filed a displace for summary judgment, asserting that the seller ceased occupying the tract every bit a personal residence inwards violation of the warranty deed, together with that the seller committed waste materials past times failing to hold the belongings together with the improvements on the property. After initially denying summary judgment to the buyers, the trial courtroom reversed its ruling on displace for reconsideration.
PROCEDURAL HISTORY
The trial courtroom held that the evidence conclusively established that the life tenant failed to practise ordinary tending for the preservation of the property, then she (the life tenant) had forfeited her involvement to the buyers (remaindermen) together with they were entitled to immediate possession. (affirmed)
DISCUSSION
H5N1 life tenant is entitled to the total piece of occupation together with enjoyment of the belongings if inwards such piece of occupation he or she exercises the ordinary tending of a prudent individual for its preservation together with protection together with commits no acts which would permanently hurt the residue interest.
CONCLUSION
The courtroom affirmed the guild of the trial courtroom that granted the buyers summary judgment inwards an activeness filed against the seller to constitute championship together with to post away the life estate.
See McIntyre v. Scarbrough (full case) on Google Scholar
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471 S.E. sec 199 (1996)
CASE SYNOPSIS
The accused seller sought review of an guild from the Hall Superior (trial) Court (Georgia), which granted the plaintiff buyers summary judgment inwards an activeness to constitute championship together with to post away a life estate.CASE FACTS
The buyers purchased a tract of Earth past times warranty deed, alongside reservation of a life estate inwards the seller inwards 1.2 acres that included a mobile home, porch, together with shed. The buyers filed a lawsuit to constitute championship together with to post away the life estate. The buyers filed a displace for summary judgment, asserting that the seller ceased occupying the tract every bit a personal residence inwards violation of the warranty deed, together with that the seller committed waste materials past times failing to hold the belongings together with the improvements on the property. After initially denying summary judgment to the buyers, the trial courtroom reversed its ruling on displace for reconsideration.
PROCEDURAL HISTORY
The trial courtroom held that the evidence conclusively established that the life tenant failed to practise ordinary tending for the preservation of the property, then she (the life tenant) had forfeited her involvement to the buyers (remaindermen) together with they were entitled to immediate possession. (affirmed)
DISCUSSION
- On appeal, the courtroom affirmed the trial court's order.
- The trial courtroom correctly determined that the buyers were entitled to judgment every bit a thing of constabulary nether their option theory of recovery, that the life estate was extinguished nether the doctrine of waste.
H5N1 life tenant is entitled to the total piece of occupation together with enjoyment of the belongings if inwards such piece of occupation he or she exercises the ordinary tending of a prudent individual for its preservation together with protection together with commits no acts which would permanently hurt the residue interest.
CONCLUSION
The courtroom affirmed the guild of the trial courtroom that granted the buyers summary judgment inwards an activeness filed against the seller to constitute championship together with to post away the life estate.
See McIntyre v. Scarbrough (full case) on Google Scholar
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Shop Amazon for the best prices on Law School Course Materials
.