Law, like all human endeavors, can be weird at times. And what’s weirder than the supernatural? In this day and age of materialism, the idea that ghosts and goblins might haunt the more recessed alcoves and lonely fens of our paved-over urban sprawl seems to many absurd. Law can be tawdry and naughty at times, but its not fanciful. It can often be as staid and mind-numbingly normal as a PowerPoint presentation. But there have been exceptions. Read on to learn about the few, but memorable times, when the uncanny has crashed into our law books and courtrooms like fine china being thrown about and smashed on the floor by unruly poltergeists.
Ex Ghost Facto Trumps Caveat Specter
The Stambovskys bought a home in the Village of Nyack, New York, from the Ackleys. Afterwards, the purchasers sought to rescind the contract and get their down-payment back. The reason? The house had ghosts. In fact, the opinion of Justice Rubin, sitting on the Appellate Division of the Supreme Court of New York (the state’s highest court), found the house was haunted as a matter of law. Helen Ackley was estopped (i.e., legally prevented) from claiming she didn’t know this as she had previously promoted the house’s reputation. But the buyers, being from New York City, were not expected to know this. As such, the usual principle of caveat emptor, or buyer beware, was trumped by the legal tenets of equity.
Things That Go Bump in the Copyright
Born June 22, 1837 in Baltimore, William Wirt Winchester made his fortune producing the gun bearing his name. He died at the young age of 43 in New Haven, Connecticut. He and his wife Sarah lost their only child Annie at six weeks old in 1866. Sarah moved to Santa Clara, California where, with the aid of her considerable fortune, she built Llanada Villa, also known as the Winchester Mystery House.
Fabrication or not, the legend persists that a medium told Sarah that she was being haunted by the ghosts of those killed by her late husband’s deadly product. To keep these ghosts happy, Sarah was to build a home for them. The project of doing so must never stop. Hence, the Winchester House’s immense size with stairs disappearing into ceilings, door opening into empty spaces, and windows without a view looking onto internal walls. Construction on the house only ended with Sarah’s death September 7, 1922 at the age of 83.
In 2009, Global Asylum, Inc. wanted to film a low-budget horror movie about Sarah and her ghosts on site. Unfortunately for Global Asylum, movie production company Imagination Design Works, Inc. had just signed a contract with Winchester Mystery House for the exclusive rights to make their film version of Sarah’s tale. Not to be beat, Global Asylum came out first with their Haunting of Winchester House. The Winchester Mystery House sued. And lawyers rejoiced. Causes of action included trademark infringement, unfair competition, and interference with contractual relations. Global’s First Amendment defense proved successful.
Possession is Nine-Tenths of the Law
From pre-Biblical water torture to discover witches, to today, the devil has been a murderer. Rusk County, Texas became a hell house of horrors in 2008. Using a Ouija board, Jessica Carson and Blaine Milam communicated with demonic entities claiming to be their dead fathers. During their dalliance with occult forces, Jessica became convinced Blaine was possessed. Blaine admitted this, but said after the devil left him, he was then able to speak with God. Blaine said God told him Jessica’s 13-month old daughter Amora was also possessed. Jessica, believing Blaine, asked him what could be done. Blaine said God would show him how to perform an exorcism. This resulted in the brutal, sadistic murder of Amora for which Jessica serves a life sentence. Blaine, claiming intellectual disability, has had his execution stayed twice. To learn more about botched exorcisms and the legal system, watch the video above.
Who Ya Gonna Call?
Whether you’ve got a case of supernatural law or something more mundane, call the Law Officer of Alan J. Levine, a.k.a. Georgia DUI and Criminal Defense to speak with a super and natural lawyer! 770-870-4994.