The pitches in your arsenal are your fastball and your curveball; it’s the late innings; third time around the batting order; they’re sitting on the fastball. Once they catch up to it (and they will unless you’re Justin Verlander which, face it, you are not), goodbye game. Why not go to the bender to keep ’em uncomfortable and give you options? In Lackey v. Templeton, plaintiffs stayed with the heater. Goodbye game.
The lesson to be learned
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Scenes from the trial lawyer’s conference room:
Client: “Lookee here! This paragraph says we win!”
Lawyer: Yes, but what about all the other paragraphs?”
“Those don’t matter.”
Why is that?”
“Because they don’t help us. Did you graduate from law school?”
“But the court will harmonize all the provisions in the document.”
“If I want harmony I’ll go with the Everlys. If you’re afraid of a fight, I’ll find me a lawyer with a backbone. I’m thinking the tough, smart lawyer. That one that’s always on TV.”
and:
Client: “@*^& the words. I’ll tell ’em what the deal really was.”
(Repeat client disappointment)
In XTO Energy v. EOG Resources, a title dispute over the mineral estate in 1,653 acres in Atascosa and McMullen counties, Texas, the loser tried both, to no avail.
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This narrative about a daughter gone bad is for title examiners, landmen and moralists. Business development persons, skip straight to the lesson.
The background
Elvira owned a home and lived with Johnny. Elvira and Johnny were named managing conservators for her three grandchildren after a daughter died. The grandchildren lived at the house. Elvira and
Co-author Katie R. English.The Question
In order to be a good faith purchaser, a party must not have actual or constructive notice of another’s rights. Northern Oil and Gas v. Creighton asked, When should the determination of whether a party has notice be made, A: At the time the second lease is recorded,