(Download) "Robert Orin Straight v. Harold David Hill" by Supreme Court of Alaska * Book PDF Kindle ePub Free
eBook details
- Title: Robert Orin Straight v. Harold David Hill
- Author : Supreme Court of Alaska
- Release Date : January 09, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
DIMOND, Senior Justice. OPINION. Robert Straight executed and delivered a deed to forty acres of his homestead to Harold Hill.
In this action brought by Straight, he claimed that the deed was intended to serve only as a security instrument. The superior
court granted summary judgment to Hill, the effect of which was to make Hill the owner of the forty acres of property involved.
The court's action was based on four separate grounds, namely: (1) that the statute of frauds barred Straight's claim; (2)
that laches barred Straight's claim; (3) that the applicable statute of limitation barred Straight's claim; and (4) that there
exists no genuine issue of material fact with respect to whether the deed was intended to serve as a security instrument.
In view of the fact that appellant's brief in this matter is only one and a half pages long, and his reply brief is only one
paragraph long, we feel unable to give extensive consideration to any of the issues raised. 1 However, we conclude that
the trial court erred in granting the summary judgment and we remand the action for further proceedings. In reviewing the order of summary judgment, we apply the following familiar rules: "The burden is on the party requesting
summary judgment [here, the defendant Hill] to show, by evidence which would be admissible if presented at trial, that there
exists no issue of material fact and that he is entitled to judgment as a matter of law." 2 A "party opposing summary judgment
need not establish that he will ultimately prevail at trial." 3