Alexandria, VA asked in Real Estate Law for Virginia

Q: Lunsford v. King 132 Ga. App. 749 (1974) 209 S.E.2d 27 I do not understand the case, please help.

I am trying to brief this case, but I do not understand it. I feel like I am not reading English.

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Potomac, MD
  • Licensed in Virginia

A: So, you would like us to do your preparation for you? That will surely make you a valuable addition to someone's legal team some day ... if your professors or the bar don't catch up with you first.

Okay, I'm going to help, but not by giving you the answer. The case is short, so let's use our tools ... assuming you have made its through Legal Research & Writing. What are the elements of a brief?

Identify the case facts. ...

Outline the procedural history. ...

State the issues in question. ...

State the holding in your words. ...

Describe the court's rationale for each holding. ...

Explain the final disposition.

Who are the parties? What happened? Who is the vendor and who is the vendee? What did a prior possessor in title do? What did subsequent possessors in title do wrong? What did Georgia Code § 29-202 and § 29-201 say in 1973? What did vendee sue to obtain? What happened in the case below? Can you induce from the present recitation of facts and procedural history what the trial court ruled below? I assume you get that the vendee appealed that, right? What was his argument? Can you induce from the court's ruling and the procedural history what the vendor and the prior possessors were arguing? Leave Fulton County out for a second, since their tactic just complicates it and doesn't matter to the ratio decidendi. Do you know the difference between a quitclaim deed, and special warranty deed, and a general warranty deed?? Which was this? What is wrong with that on these facts? So, someone is taking a loss here, and it isn't Fulton County: Why does the Court quote Code § 29-304, and what impact does that have on the case. Now, explain the final disposition.

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