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Messages - mutual_biscuit

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Current Law Students / Another Property Question From Me.
« on: May 12, 2008, 09:05:46 AM »
O transfers Blackacre to A who does not record. O transfers Blackacre to B who does record. B is the rightful owner. My question is this: What cause of action does A have against O?

I know he doesn't have any action under a covenant of quiet enjoyment because that only warrants against claims that would arise from acts that occurred prior to the grant from O to A. Is there a cause of action under a covenant of general warranty or is the same true in that it only protects against claims of superior title arising from acts prior to the grant from O to A. How can A get to this O a-hole?

Current Law Students / Recording System Question.
« on: May 11, 2008, 08:28:41 PM »
Suppose if you will that you are in a Race-notice Jurisdiction and the following occurs:

O conveys Blackacre to A, who does not record the deed from O to A. O conveys Blackacre to B, who has no knowledge of the transaction between O and A. B does not record. Who owns Blackacre?

Since neither recorded I'm not sure if A would win since he was first in time and would win a common law, or if B would win because she was a SBP without notice. I'm guessing A wins under common law.

Current Law Students / Re: Rule Against Perpetuities.
« on: April 18, 2008, 09:13:49 AM »
Seriously though, can't you always invalidate the transfer by assuming the world explodes? How do you think this argument would play out on an exam?

Incoming 1Ls / Re: Employment possible?
« on: April 17, 2008, 05:07:15 PM »
Sounds like you're headed for a proud career in the field of personal injury & medical malpractice. On the plus side, if you play your cards right you'll be able to have your face plastered on the side of a bus.

Current Law Students / Rule Against Perpetuities.
« on: April 16, 2008, 07:43:19 PM »
WTF? Is this outdated piece of garbage going to be on the exam?


I just don't get it. Seems like I can always come up with some situation to invalidate every life within 21 years (e.g. world explodes).

Can anybody lay it out clear for me? I've tried the examples & explanations, but that just seemed to confound matters even more. This is the only concept I have ever encountered and attempted to learn that I can't seem to understand.

@#!* IT!


Current Law Students / Re: outlining/class reading
« on: April 07, 2008, 02:24:27 PM »
My class preparation certainly takes a knock during the final month. I generally do a pretty detailed brief for every case, but during the last few weeks i knock it down to the bare essentials. I also implement mandatory library time on the weekends.

Current Law Students / Corporate Citizenship for Diversity Claim.
« on: April 05, 2008, 01:02:08 PM »
Can a corporation be considered a citizen of three states for a diversity claim. Suppose, for example, they are incorporated in New York, they have their executive headquarters in Pennsylvania, and they have their manufacturing facility in Ohio.

Certainly they would be a citizen of New York, but would it be an either/or test between Pennsylvania and Ohio based the particular test ("nerve center" "place of operations") dependent on the jurisdiction?

Current Law Students / Gifts for Teachers.
« on: April 03, 2008, 07:59:47 PM »
Discuss . . .

Current Law Students / Re: Easement or Covenant?
« on: April 01, 2008, 12:26:12 PM »
Thanks all for the input. You have cleared my mind.

Current Law Students / Easement or Covenant?
« on: March 31, 2008, 07:09:59 PM »
House A is next door to House B. They are in very close proximity. Between them sits a garage that is attached to House A. However, the owners of house B have the right to use the garage and it's recorded in the deed.

I am correct in assuming this is an expressed affirmative easement appurtenant? What would make this a covenant.

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