A hunter got permission from a rural property owner to go hu…
A hunter got permission from a rural property owner to go hunting and took his teenage son with him for the first time. When the hunter took aim at a pheasant and started to pull the trigger, his son impulsively grabbed the barrel of the gun, causing the gun to discharge in the direction of a hiker trespassing on the land, and injuring him with shotgun pellets. In a suit by the hiker against the hunter, the hiker established that the hunter’s license, required by state law, had expired the day before the incident, and he had forgotten to renew it.Will the hiker prevail?
Read DetailsThe owner of a retail store in a high crime neighborhood con…
The owner of a retail store in a high crime neighborhood contracted with an independent agency for security. One night the security guard had opened the security gate protecting the front window to check a false alarm and had neglected to close it. Shortly thereafter the store owner was awakened by a message from the police department that a patrol officer had noticed that the gate was up, but the owner went back to sleep. Later that night a thief smashed the window with a rock and grabbed some items from a display case while the security guard was in the back of the store. The owner sued the security agency for the loss of the stolen items and the damage to the window.Is the owner likely to recover damages?
Read DetailsA man and his nephew lived and worked together on the man’s…
A man and his nephew lived and worked together on the man’s ranch for 15 years. The man developed severe arthritis as he grew older, and the nephew took over the daily work of running the ranch. The man told his nephew that he wanted to be sure that the ranch would go to the nephew when the man died, so he gave the nephew a quitclaim deed. The nephew did not record the deed, but locked it in a drawer in his desk.Six months later, the man’s daughter learned about this. She asked her father to sell the ranch to her, saying he could continue to live there for the rest of his life. The daughter offered her father a good sum of money for the ranch, so the man agreed. The man and his daughter closed on the sale the next day. The man then told the nephew that he had changed his mind and decided to leave the ranch to his grand- children. The nephew promised to destroy the deed, and the next week, he did. A month later, however, there was an accident at the ranch and the man and the nephew both died. The man died intestate and was survived by three children, including his daughter. The man’s heirs, the nephew’s heirs, and the daughter claim title to the ranch. The jurisdiction has a notice recording statute.If the nephew’s heirs bring an appropriate action to quiet title to the ranch, who is likely to prevail?
Read DetailsAn entrepreneur obtained a loan from a bank for $450,000, se…
An entrepreneur obtained a loan from a bank for $450,000, secured with a mortgage on an apartment building she owned. On February 10, the entrepreneur executed the note and the mortgage, and the bank gave her a certified check for $450,000. On February 11, the entrepreneur conveyed the apartment building to a local developer for $900,000 in cash. The developer was not aware of the mortgage. On February 12, the developer recorded her deed to the property. The same day, the entrepreneur announced her retirement and left the country on an extended trip.On the evening of February 13, which was a Sunday, the developer gifted her son the apartment building. The next morning, as soon as the recording office opened, the bank recorded its mortgage. That afternoon, the son recorded his deed. After the entrepreneur missed her first mortgage payment on March 1, the bank employees decided to look into the matter and found the deeds to the developer and the developer’s son. The bank demanded that the son satisfy the $450,000 mortgage.The recording statute in the jurisdiction reads, in relevant part:“A conveyance of an estate in land shall not be valid against any subsequent purchaser for value, without notice thereof, unless the conveyance is recorded.”The son filed an appropriate suit to determine the various interests in the apartment building. How should the court rule?
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