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Constitutionality Of Marketable Title Acts, Ralph W. Aigler
Constitutionality Of Marketable Title Acts, Ralph W. Aigler
Michigan Law Review
In recent years several states in that part of the United States commonly identified as the "Middle West" have enacted comprehensive legislation that is hoped will simplify land title transactions. These statutes, though varying in detail, have a common objective-the extinguishment in favor of certain persons of claims against, and interests in, land, which claims and interests arose out of events and transactions that occurred many years ago, unless such claims or interests have been preserved by the recording of a preserving notice within that period of time. A comparatively short period is prescribed for such recording as to old …
Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed.
Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed.
Michigan Law Review
A declaratory judgment proceeding was brought by persons owning property within a small-unit residential zone to determine the validity of a rezoning amendment relaxing the restrictions upon one block located ·within the zone. The change was designed to allow the construction of large apartment houses, containing some inside commercial establishments, in an area formerly restricted to family units of less than seven apartments. The entire area, with the exception of the island created by the rezoned block, was restricted to the smaller types of residential units, and was predominantly made up of single family residences. On appeal from a judgment …
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-Breach Of Covenant To Repair, Thomas P. Segerson
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-Breach Of Covenant To Repair, Thomas P. Segerson
Michigan Law Review
Plaintiff, a carpenter, hired by tenant, suffered personal injuries in a fall caused by a defective railing on the rear porch of premises leased by defendant to tenant. By the terms of the lease, tenant was given exclusive possession of the premises, while defendant agreed to keep the rear porch in repair. Defendant had failed to repair the railing on being notified of its defective condition. From a judgment holding defendant liable to plaintiff for the injuries sustained; defendant appealed. Held, reversed. In the absence of control of the premises, a lessor is not liable in tort for personal …
Wills-Discovery Of Will Following Adjudication Of Intestacy-Rights Of Intervening Purchasers, Patrick J. Ledwidge
Wills-Discovery Of Will Following Adjudication Of Intestacy-Rights Of Intervening Purchasers, Patrick J. Ledwidge
Michigan Law Review
At the time of his death in 1945, decedent was the owner of the real estate in question. His estate was administered in the belief that he had died intestate, and the administrator was discharged in August 1946. Thereafter, the property was conveyed by decedent's heirs to buyer, and by buyer in February 1947, to the defendant, a bona fide purchaser. Subsequently, decedent's will was discovered and admitted to probate in December 1947. By the terms of the will, the plaintiff was entitled to a one-half interest in the land. Plaintiff's complaint, asking partition of the land, was dismissed by …
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-The "Concealed Defects" Exception, Robert S. Griggs
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-The "Concealed Defects" Exception, Robert S. Griggs
Michigan Law Review
Plaintiff sought to recover for injuries suffered in consequence of the defective condition of a stairway in the manufacturing plant leased by her employer from defendant. The stairway was in the sole control of the tenant at the time of the injury; the lease stipulated that no warranty was made as to the condition of the premises; and the sole obligation to repair was borne by the tenant. Liability was claimed, however, upon the contention that the stairway had been in dangerous condition at the time of the letting. It was apparently little used, and plaintiff had used it only …
Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed.
Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed.
Michigan Law Review
The plaintiff, wishing to subdivide its land fronting on Long Island Sound, submitted its plan to the town planning and zoning board whose approval was required by ordinance before land could be subdivided and sold. The board rejected plaintiff's plan as not in conformance with a preliminary town plan, adopted in 1936 pursuant to a state statute, providing for the prospective construction of a road along the shore of the sound. The plaintiff appealed to the board of zoning appeals, which affirmed the decision of the town planning and zoning board. On appeal to the Supreme Court of Errors of …
Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed.
Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed.
Michigan Law Review
The plaintiff, wishing to subdivide its land fronting on Long Island Sound, submitted its plan to the town planning and zoning board whose approval was required by ordinance before land could be subdivided and sold. The board rejected plaintiff's plan as not in conformance with a preliminary town plan, adopted in 1936 pursuant to a state statute, providing for the prospective construction of a road along the shore of the sound. The plaintiff appealed to the board of zoning appeals, which affirmed the decision of the town planning and zoning board. On appeal to the Supreme Court of Errors of …
Future Interests-Contingent Remainders-Destructibility By Merger, Douglass L. Mann S. Ed.
Future Interests-Contingent Remainders-Destructibility By Merger, Douglass L. Mann S. Ed.
Michigan Law Review
X conveyed land to A for life, remainder to the heirs of A's body. Thereafter, X granted the same land by quit-claim deed to A in fee simple, without any conditions or restrictions whatever. The lower court upheld A's claim to an absolute fee in the property. On appeal, held, reversed. A holds a life estate and the reversion, but the remainder, though contingent, is not defeated. Whitten v. Whitten, (Okla. 1950) 219 P. (2d) 228.
Future Interests-Power Of Remainderman To Compel Partition Of Future Interests, Nancy J. Ringland S. Ed.
Future Interests-Power Of Remainderman To Compel Partition Of Future Interests, Nancy J. Ringland S. Ed.
Michigan Law Review
A remainderman in fee of an undivided interest in real estate brought a suit to compel partition of the remainder. The whole of the premises was subject to a life estate, but the life tenant made no objection to this action. The applicable Nebraska statute provided that "all tenants in common, or joint tenants of any estate in land may be compelled to make or suffer partition of such estate or estates in the manner hereinafter prescribed." Demurrers to the petition were sustained on the ground that an estate in remainder could not be the subject of involuntary or compulsory …
Agency-Election To Sue Undisclosed Principal Or Agent, Alan C. Boyd S. Ed.
Agency-Election To Sue Undisclosed Principal Or Agent, Alan C. Boyd S. Ed.
Michigan Law Review
Plaintiff brought action against a principal and his agent to foreclose a mechanic's lien on the principal's real property, alleging that he had expended labor and materials in the improvement of the principal's land pursuant to a contract between himself and the agent. Though plaintiff joined the agent as a party defendant, he did not pray for relief against him. Both defendants moved to dismiss the action. Held, action dismissed as to the agent. Whether or not the principal was disclosed at the time the contract arose, the action was properly dismissed as against the agent. If the principal …
Judgments-Collateral Attack-Insufficiency Of The Cause Of Action As A Basis For Denying Jurisdiction Of A Court Rendering A Default Judgment, Lloyd J. Tyler, Jr.
Judgments-Collateral Attack-Insufficiency Of The Cause Of Action As A Basis For Denying Jurisdiction Of A Court Rendering A Default Judgment, Lloyd J. Tyler, Jr.
Michigan Law Review
In a previous action, A, as assignee of a conditional sales contract, sought to recover the property when the purchase price was not paid. Defendant counterclaimed for damages because of alleged fraud of the assignor in making the sale. On appeal, the Montana Supreme Court held that defendant could not have an affirmative judgment on the counterclaim, but could use his claim as recoupment only. On remand, A's attorney moved for continuance until his client could secure a new attorney. The motion was denied, and on the day set for trial A was not represented. As a consequence, …
Negligence-Liability Of Landlord For Injuries To Persons On The Premises, John A. Hellstrom S. Ed.
Negligence-Liability Of Landlord For Injuries To Persons On The Premises, John A. Hellstrom S. Ed.
Michigan Law Review
Plaintiff, an invitee, sued for injuries caused by the fall of plaster from the ceiling of a tavern operated by a tenant in a building owned by defendant. Held, the rule whereby a lessor of premises leased for a public use is liable to an invitee of his tenant is inapplicable. Warner v. Fry, (Mo. 1950) 228 S.W. (2d) 729.