Hansberry v. Lee
Encyclopedia
Hansberry v. Lee, , is a famous case now usually known in civil procedure
for teaching that res judicata
may not bind a subsequent plaintiff who had no opportunity to be represented in the earlier civil action. The facts of the case dealt with a racially restrictive covenant
that barred African Americans from purchasing or leasing land in a Chicago neighborhood. The covenant had been upheld in a prior class action lawsuit, which had included Lee, along with all the other neighborhood landowners, as members of the class. The defense in the present case argued that Hansberry could not contest the covenant because it had already been deemed valid by the courts in the prior lawsuit.
The US Supreme Court disagreed and held that since some of the neighborhood landowners (46%) comprising the class of the prior lawsuit did not support the restrictive covenant, the previous decision that the covenant was valid could not apply to all members of that class. In other words, it was erroneous to allow the 54% of neighborhood landowners who had supported the restrictive covenant to represent the interests of the 46% who were against it. Therefore, the Supreme Court held that the restrictive covenant could be contested in court again, even though some of the parties involved may have been included in the prior class of neighborhood landowner.
Later, the type of real property restriction, racially restrictive covenant
s, was held by Shelley v. Kraemer
, , to be state action because the plaintiffs seeking to enforce such a covenant were invoking the machinery of the state.
Also see the play named A Raisin in the Sun by Mr. Hansberry's wife, Mrs. Hansberry.
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
for teaching that res judicata
Res judicata
Res judicata or res iudicata , also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine...
may not bind a subsequent plaintiff who had no opportunity to be represented in the earlier civil action. The facts of the case dealt with a racially restrictive covenant
Restrictive covenant
A restrictive covenant is a type of real covenant, a legal obligation imposed in a deed by the seller upon the buyer of real estate to do or not to do something. Such restrictions frequently "run with the land" and are enforceable on subsequent buyers of the property...
that barred African Americans from purchasing or leasing land in a Chicago neighborhood. The covenant had been upheld in a prior class action lawsuit, which had included Lee, along with all the other neighborhood landowners, as members of the class. The defense in the present case argued that Hansberry could not contest the covenant because it had already been deemed valid by the courts in the prior lawsuit.
The US Supreme Court disagreed and held that since some of the neighborhood landowners (46%) comprising the class of the prior lawsuit did not support the restrictive covenant, the previous decision that the covenant was valid could not apply to all members of that class. In other words, it was erroneous to allow the 54% of neighborhood landowners who had supported the restrictive covenant to represent the interests of the 46% who were against it. Therefore, the Supreme Court held that the restrictive covenant could be contested in court again, even though some of the parties involved may have been included in the prior class of neighborhood landowner.
Later, the type of real property restriction, racially restrictive covenant
Restrictive covenant
A restrictive covenant is a type of real covenant, a legal obligation imposed in a deed by the seller upon the buyer of real estate to do or not to do something. Such restrictions frequently "run with the land" and are enforceable on subsequent buyers of the property...
s, was held by Shelley v. Kraemer
Shelley v. Kraemer
Shelley v. Kraemer, 334 U.S. 1 , is a United States Supreme Court case which held that courts could not enforce racial covenants on real estate.-Facts of the case:...
, , to be state action because the plaintiffs seeking to enforce such a covenant were invoking the machinery of the state.
See also
Also see the play named A Raisin in the Sun by Mr. Hansberry's wife, Mrs. Hansberry.