From our private database of 33,800+ case briefs...
Brown v. Brown
Missouri Court of Appeals
152 S.W.3d 911 (2005)
Catherine Brown (defendant) had four children and owned approximately 20 acres of rural real estate. In 1989, Catherine conveyed the property to herself and her son John (plaintiff) as joint tenants with a right of survivorship. In 1997, Catherine conveyed her remaining portion of the land to herself and her daughter Pam (plaintiff) as joint tenants with a right of survivorship. In 1999, John and Catherine decided that Pam should be added as a full, proper joint tenant with a right of survivorship. To accomplish this, Catherine, John, and Pam went to an attorney’s office and executed three quitclaim deeds. The first deed conveyed all of John’s interest to Catherine. The second deed conveyed all of Pam’s interest to Catherine. And the third deed conveyed Catherine’s interest to herself, Pam, and John as joint tenants with a right of survivorship. However, the deeds were mistakenly recorded in the reverse order. As a result, according to the recorder-of-deeds records, Catherine actually had a fee simple absolute interest in the land at the time. In 2002, Catherine executed a beneficiary deed that purported to convey the property, at the time of her death, to each of her four children as joint tenants with a right of survivorship. Under this deed, Pam and John had one-fourth interests in the property instead of one-half interests. John and Pam discovered this issue and asked Catherine to correct it. Catherine refused. John and Pam then filed a lawsuit seeking equitable relief to restore their interest in the land. The trial court imposed a constructive trust on the land in order to return John’s and Pam’s interests. Catherine appealed.
Rule of Law
Holding and Reasoning (Ellis, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 604,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 604,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.