Category: Real Property

Property Outline Fall 2003, Wiggins   Themes, Trends, Tension in LAW OF PROPERTY • Jurisprudence • JD tensions center around what should the law look like in its context and structure? • tension b/tw rules (doctrines that are clear and predictable so results are clear and predictable) vs. standards (justice and fairness) • law (application…

1. FIRST POSSESSION: Acquisition by Discovery, Capture, or Creation   Acquisition by Discovery   Johnson v. M’Intosh – Title by discovery (or conquest). Possession v. title Indians had no right to transfer title to their lands. Discovery (by Europeans) gave title to Europeans, which then passed to the States. Native Americans had no right of…