Week 5 Legal outline BLR202WI
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Central Michigan University *
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Course
202WI
Subject
Law
Date
Jan 9, 2024
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docx
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Uploaded by MagistrateBookDeer25
To: Professor Lauderman
From: Azjah Johnson
RE: Legal Argument Outline
Date: October 2023
*****************************************************************************
I.
This legal argument outline will demonstrate legal research that is used to determine the
legal issues of the case Jackie Krantz v. Sam Sharpe. It will discuss the facts and
background of the case. Additionally, this outline will discuss the issue at hand, a
decision for the case, and evidence that supports the decision.
II.
Part 1: Facts, background.
a.
Jackie and Sam are co-owners of Royal Decree.
b.
Jackie agreed to split the cost of the horse, boarding fees, veterinarian fees, show entry
fees, and other expenses related to the horse with Sam.
c.
Both Jackie and Sam agreed to sell Royal Decree when it became a show horse for
$40,000 at the time of purchase.
d.
Royal Decree eventually became a show horse and a customer wanted to purchase him
for $50,000. Sam declined, however Jackie wanted to sell.
e.
Jackie agreed to Sam’s proposal to wait another year to sell Royal Decree for more
money.
f.
Jackie waited a year and the same customer offered to purchase Royal Decree for
$100,000. Jackie agreed, however Sam refused.
g.
Jackie wants to sell Royal Decree immediately.
III. Part 2: Issue 1: Can Jackie force Sam to sell Royal Decree?
a.
According to partition laws in Michigan, when two or more people own the same
property, one of the owners can force a sale of the jointly owned property via a partition
action. Any co-owner may formally divide the joint ownership in accordance with the
law.
1
Joint property owners have the right to initiate a lawsuit to divide their assets
between them.
2
An action for partition requires the court to split the property or sell it and
distribute the profits to the owners.
3
Furthermore, under general partnership laws, a
1
Ryan Jones, “Forced Sale of Jointly Owned Property (Partition Action) - Attorney’s Guide,”
JONES PROPERTY LAW, PLLC, September 14, 2022,
https://jonespropertylaw.com/forced-
sale-of-jointly-owned-property-partition/
.
2
Andrew Blodgett, “What Is a Michigan Partition Action?,” Northern Michigan Property Law,
April 15, 2020,
https://www.northernmichiganpropertylaw.com/blog/2018/6/22/what-is-a-
michigan-partition-action
.
3
O’Reilly Rancilio, O’Reilly Rancilio P.C., accessed October 1, 2023,
https://www.orlaw.com/business/2021/03/09/your-rights-as-a-jointly-owned-property-owner-in-
partner has the authority to act on behalf of the business without the knowledge or
permission of the other partners.
4
i.
James M. Hawley v. James E. Smith Jr demonstrates this law. Hawley filed a lawsuit
against Smith seeking the division of real estate that the two held as tenants in common
as well as an accounting of the rents and profits generated by the property.
The land that
is the focus of this lawsuit belonged to both Smith and his mother, who each held an
undivided interest of one-half. When his mother passed away, she left half of her estate to
Smith and half to Hawley. Hawley claimed that Smith had kept the property, collected
rent and profits, but refused to give an account for his portion. Hawley sought a judicial
partition because they were unable to agree on a property distribution. Furthermore, the
court partitioned the land in accordance with the evidence that was provided regarding
the property and its improvements.
5
b.
Analysis: Jackie could have sold Royal Decree, but she can also file a partition lawsuit
against Sam.
Jack and Sam are a partnership.
Jackie has the right to act on behalf of the business without Sam’s knowledge.
Jackie is listed as a co-owner on Royal Decree’s registration papers.
Jackie pays half of all costs that relate to Royal Decree.
The goal while purchasing Royal Decree was to generate money and Jackie
had only consented to assist with Royal Decree until he was trained as a show
horse.
By law, co-owners cannot be coerced to continue being co-owners.
IV.
In conclusion, Jackie can force Sam to sell Royal Decree. The court would partition Royal
Decree due to evidence that is provided regarding the horse and other expenses relating to
it. Since the court is unable to divide the property itself, the horse would be sold at an
auction and the purchase price would be split between Jackie and Sam. Otherwise, Sam
would also have the option to buy out Jackie’s interest in Royal Decree.
michigan/
.
4
Will Kenton, “General Partner: Definition, Role, Examples, and Main Benefits,” Investopedia,
accessed October 1, 2023,
https://www.investopedia.com/terms/g/generalpartner.asp#:~:text=A
%20general%20partner%20has%20the,the%20debts%20of%20the%20business
.
5
Michigan Court of Appeals, “James M Hawley v James E Smith Jr,” Justia Law, accessed
October 1, 2023,
https://law.justia.com/cases/michigan/court-of-appeals-
unpublished/1999/19990803-c211220-0031-211220-opn.html
.
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