Quimbee logo
DMCA.com Protection Status

Marcellous v. David

252 So. 2d 178 (1971)

Case BriefRelatedOptions
From our private database of 30,500+ case briefs...

Marcellous v. David

Louisiana Court of Appeal

252 So. 2d 178 (1971)

Facts

Mrs. Coralie David (defendant) was an elderly widow who lived alone in a house she owned. Mrs. David wanted to move her house to another town and live there. Mrs. David proposed to members of her family that if one of them would provide a lot with a cesspool that her house could be placed on, pay for the expense of moving the house, and allow her to live in the house rent free for the remainder of her life, she would leave the house to that person in her will. Mrs. David’s niece, Gloria Marcellous, and her niece’s husband, George Marcellous (defendant), agreed to this proposition. George purchased two lots, moved the house to one of them, placed it on brick pillars, installed a cesspool and attached it to the house’s plumbing, and painted the house. Mrs. David executed a will leaving all of her property to Gloria. Mrs. David lived in the house rent free for almost two years and during that time made improvements to the house that amounted to approximately $1,200. Mrs. David and Gloria eventually had a falling out. Mrs. David then asked her brother to help her move her house from the Marcellouses’ lot. Her brother purchased a nearby lot and moved Mrs. David’s house to it. George sued Mrs. David for the return of the building and for damages caused to his land by its removal. The trial court held that Mrs. David retained ownership of the house and was therefore entitled to remove it to her brother’s lot. However, the trial court awarded George $245 for the cost of moving the house to his lot and painting it, under the equitable principle of unjust enrichment. George appealed, and Mrs. David answered the appeal, alleging that the award to George was in error.

Rule of Law

Issue

Holding and Reasoning (Culpepper, 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 551,000 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 551,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 30,500 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 551,000 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
  • 30,500 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