Property I
Ortiz – Spring 2001
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I. Exam
A. Essay
1. Issue, state rule with elements; application to facts. Arguments are what is important not conclusion
B. Question on test about what these mean:
1. Vest – ascertained or met condition precedent
2. EI – vests like a Rm
3. Fail – not become ascertained or not met condition
4. Destroyed – Rm, destructibility of CRm, destroyed before it vests or fails (cant pick up gun at all analogy)
5. Void – RAP, void at moment of created – like never existed (never made gun)
C. Format:
·        1 hour 30 mc @ 4pts each scantron
·        1 hour for 1 multi part short answer FI question
·        1 hour essay
·        No penalty for incorrect answer – guess
·        If think two answers write in answer book
·        Short answer, the first time use a term write it out then abbreviate, fee simple absolute (fsa)
·        Write answers in blue book not on exam write out work like in class
·        Essay read whole essay first (bottom affects top)
·        Credit for clear concise state rule once but may have to apply multiple times
·        Outline answer first
·        Anything in course can be on exam
·        FI card is in the exam
·        If skipped in class not on exam but everything else is
·        Don’t talk to Ortiz about the exam after exam
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·        Ortiz gone weekend before exam
·        Ortiz home 832-252-6560 til midnight if busy on computer so call office and leave message
·        Cell 713-213-1421
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II. Acquisition of Property Without Purchase
A. ACQUISITION BY DISCOVERY
1. Possession – domain and control over property; asserting ownership over something no one owns.
2. Priority of possession – first in time, first in right; gives legal possessor stronger right to someone who comes after
3. Johnson v. M’Intosh: (Indians) Discovery gives title to discoverer; taking possession of un-owned things is the way to acquire ownership of them
4. Rules for Initial Land Acquisition
a) Btw Different Discoverers
(i) Rule of discovery = first in time
(a) NA were just occupants, did not have title
(b) NA as occupants were moved at governments choice
b) Btw Discoverers and Natives
(i) Decide amongst themselves how to deal with land title
(ii) Options:
(a) Purchase – recognizes ownership by Natives
(b) Conquest – might is right
(1) what’s wrong with first in time?
(2) Wont work in every situation (next)
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B. ACQUISITION BY CAPTURE
Pierson v. Post (fox): In order to
ules and Principles
a) Locke Labor Theory – adding labor creates ownership (how much labor is required – that is the question). Mix labor with something from nature and it is yours…
b) Custom of industry can alter rule of capture:
(i) Ghen v. Rich: (whale)
(a) Where actual manucaption is not possible, pursuit, under trade usage/local customs, can constitute possession – first possessory interest. Modification for Rule of Capture where custom dictates a different result
(b) Whaling Customs – know for exam
(1) fast fish/loose fish – rule of capture
(2) iron-in-the-whale – rule of sportsmen (hot pursuit)
(3) salvage fee – split profits w/finder
(ii) Keeble v. Hickeringil: (ducks)
(a) So long as the performance of a trade is legal and does not harm another, no one can disturb the performance of this trade without just cause.
(b) A person who does not want to capture the animal cannot interfere
(c) Malicious interference – birds don’t matter, just the fact that trade was interfered with
