Quimbee logo
DMCA.com Protection Status

Johnson v. Laney

964 So. 2d 418 (2007)

Case BriefQ&ARelatedOptions
From our private database of 22,600+ case briefs...

Johnson v. Laney

Louisiana Court of Appeal

964 So. 2d 418 (2007)

Facts

John A. Laney, III, owned a house in Louisiana and lived in the house with his mother, Charmaine Johnson (plaintiff). Before he died, Laney made a will that granted a usufruct in the house to his mother and gave the naked ownership of the property to his two minor sons, John A. Laney, IV, and Troy Laney (defendants). The will placed that naked ownership of the house in a trust and named the two boys’ mothers as the trustees. The house was covered by both homeowners’ and flood insurance policies. After Laney’s death, Mrs. Johnson continued to live in the house until it was destroyed by Hurricane Katrina. Mrs. Johnson filed a petition asking the court to issue a declaratory judgment that any insurance proceeds for the destruction of the house were subject to the usufruct. When insurance payments were issued, the checks were deposited with the court pending resolution of the suit. The boys’ mothers, in their roles as trustees, alleged that Mrs. Johnson had abused the usufruct and asked that the usufruct be terminated. The trial court granted Mrs. Johnson’s motion for summary judgment, finding that no genuine issue of fact existed and that the usufruct attached to the insurance proceedings as a matter of law. The boys’ mothers appealed.

Rule of Law

Issue

Holding and Reasoning (Murray, J.)

What to do next…

  1. 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 519,000 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
  2. 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 519,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 22,600 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.

Questions and answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Access this case brief for FREE

With a 7-day free trial membership
Here's why 519,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 22,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership