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Full-Text Articles in Law

Introduction Student Symposium - Texas Land Titles - Introduction., Aloysius A. Leopold Dec 1974

Introduction Student Symposium - Texas Land Titles - Introduction., Aloysius A. Leopold

St. Mary's Law Journal

Abstract Forthcoming.


Operation And Construction Of Deeds Student Symposium - Texas Land Titles., Mance M. Park Dec 1974

Operation And Construction Of Deeds Student Symposium - Texas Land Titles., Mance M. Park

St. Mary's Law Journal

Abstract Forthcoming.


Covenant Of Warranty Student Symposium: Texas Land Titles., Barbara E. Rosenberg Dec 1974

Covenant Of Warranty Student Symposium: Texas Land Titles., Barbara E. Rosenberg

St. Mary's Law Journal

The covenant of warranty runs with the land and is a guarantee by the grantor that title is vested in them and will vest in the grantee upon conveyance. Although the covenant of warranty is an indemnification for failure of title, in Texas it is the broadest of the deed covenants, encompassing the covenant of quiet enjoyment and the covenant against encumbrances. The covenant of warranty requires the grantor to defend title as well as to indemnify for its failure. When there is a warranted title after the conveyance is made, the grantor is estopped to assert this after acquired …


Registration Of Deeds Student Symposium - Texas Land Titles., David C. Pennella Dec 1974

Registration Of Deeds Student Symposium - Texas Land Titles., David C. Pennella

St. Mary's Law Journal

Abstract Forthcoming.


The Common Law Covenants, The Covenant Of Habitability, And The Covenant Against Encumbrances Student Symposium - Texas Land Titles., Robert Hoagland Dec 1974

The Common Law Covenants, The Covenant Of Habitability, And The Covenant Against Encumbrances Student Symposium - Texas Land Titles., Robert Hoagland

St. Mary's Law Journal

Abstract Forthcoming.


The Interests Of A Wife In Joint Management Community Property Are Not Affected By An Action To Which She Is Not A Named Party., J. Brian Sokolik Dec 1974

The Interests Of A Wife In Joint Management Community Property Are Not Affected By An Action To Which She Is Not A Named Party., J. Brian Sokolik

St. Mary's Law Journal

Abstract Forthcoming.


Specific Performance Is Not Automatically Available To The Vendor Of A Condominium Unit., Bobby L. Freeman Sep 1974

Specific Performance Is Not Automatically Available To The Vendor Of A Condominium Unit., Bobby L. Freeman

St. Mary's Law Journal

Abstract Forthcoming.


Equal Protection In Zoning - Restricting Dwelling Use To No More Than Two Unrelated Persons Is Constitutional., John Kenneth Sharber Jun 1974

Equal Protection In Zoning - Restricting Dwelling Use To No More Than Two Unrelated Persons Is Constitutional., John Kenneth Sharber

St. Mary's Law Journal

Abstract Forthcoming.


Compensation For Partial Takings In Texas., A. Chris Heinrichs Mar 1974

Compensation For Partial Takings In Texas., A. Chris Heinrichs

St. Mary's Law Journal

Abstract Forthcoming.


The Commingling Of Separate And Community Funds: The Requirement Of Tracing In Texas., Charles J. Fitzpatrick Mar 1974

The Commingling Of Separate And Community Funds: The Requirement Of Tracing In Texas., Charles J. Fitzpatrick

St. Mary's Law Journal

The status of specific items of property as separate or community property is a frequent subject of divorce litigation in Texas. Spouses will have unfriendly presumptions in favor of the community estate when separate property funds have been commingled. Rebutting these presumptions requires the spouse to trace the original separate property into the particular assets on hand at the time of the dispute. As Texas case law illustrates, however, tracing can be difficult, and a court’s strict adherence to it can cause harsh and often inequitable results. Although there have been instances of courts allowing less than specific tracing, these …