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Articles 1 - 11 of 11
Full-Text Articles in Law
Municipal Corporations-Zoning-Abrogation Of Private Restrictive Covenants By Zoning Regulations, Robert Dilts
Municipal Corporations-Zoning-Abrogation Of Private Restrictive Covenants By Zoning Regulations, Robert Dilts
Michigan Law Review
A recent New Jersey decision raises a question of current importance in view of the acute housing shortages in many metropolitan areas. Can a municipality, acting under its power to establish zoning regulations, authorize the construction of multiple-family dwellings in a particular area and simultaneously abrogate private covenants which restrict the area to single-family dwellings?
Quasi-Contracts-Rescission For Fraud-Defrauding Vendee's Right To Recover For Improvements, G. B. Myers
Quasi-Contracts-Rescission For Fraud-Defrauding Vendee's Right To Recover For Improvements, G. B. Myers
Michigan Law Review
Defendant fraudulently obtained a conveyance of land from plaintiff and while in possession of the tract made repairs and improvements to a building thereon. Upon discovery of the fraud plaintiff sued in equity to cancel the deeds involved, and tendered into court the consideration received from defendant. The lower court cancelled the deeds, returning the consideration to defendant, but refused to admit defendant's evidence of repairs and improvements on the ground that equity will not allow a claim for the value of improvements when made by a defrauding party. Held, reversed in part. The evidence was admissible, and an …
Quasi-Contracts-Landlord And Tenant-Recovery For Overpayment Of Rent In Violation Of Statute, William P. Sutter
Quasi-Contracts-Landlord And Tenant-Recovery For Overpayment Of Rent In Violation Of Statute, William P. Sutter
Michigan Law Review
Plaintiff occupied a dwelling house from 1928 to 1945, paying $35 per month rent until September, 1941. In that month, defendant, his landlord, increased the rent to $75, which plaintiff paid until September, 1945. The property was registered with the Office of Price Administration at a maximum rental of $35, and this fact was known to plaintiff. Plaintiff's suit to recover the overpayment of $40 per month was dismissed. On appeal, held, affirmed. No statute specifically authorized restitution, and the illegality of the contract precludes restitution in absence of statute. Jones v. Chennault, (Mich. 1948) 35 N.W. (2d) …
Real Property - General Mineral Reservation In Deed - Lack Of Knowledge That Substance Is A Mineral, G. B. Myers
Real Property - General Mineral Reservation In Deed - Lack Of Knowledge That Substance Is A Mineral, G. B. Myers
Michigan Law Review
In 1892 plaintiff's predecessor in title contracted to convey certain land to defendant, subject to a reservation of "all coal and mineral deposits in and upon said lands," and in 1896 he executed a deed to defendant containing the same reservation. Plaintiff, in 1947, filed a bill to quiet title to bauxite deposits on the land. Held, bill dismissed. Bauxite, not being generally regarded as a mineral at the time of conveyance, was not intended to be within the operation of the mineral reservation. Carson v. Missouri Pac. R. Co., 212 Ark. 963, 209 S.W. (2d) 97 (1948).
Streamlining Conveyancing Procedure, Paul E. Basye
Streamlining Conveyancing Procedure, Paul E. Basye
Michigan Law Review
Statutes of limitations have long occupied an essential and important place in every system of jurisprudence. They express a policy that is essential to social progress in a great variety of ways. Their effect is particularly noteworthy in the field of property law where they promote repose and give security to human affairs. "They stimulate to activity and punish negligence. While time is constantly destroying the evidence of rights, they supply its place by a presumption which renders proof unnecessary."
Streamlining Conveyancing Procedure, Paul E. Basye
Streamlining Conveyancing Procedure, Paul E. Basye
Michigan Law Review
The need for simplifying-even streamlining-conveyancing procedure has been all too well recognized for decades, but until the present decade relatively little progress toward a satisfactory system has been achieved. We have continued to labor under the handicaps of an inherited system which has become more cumbersome with each passing year. It is noteworthy, however, that several steps have been put into operation within recent years which have proved extremely fruitful and have, in certain limited areas, introduced thoroughgoing revisions in traditional practices. But in most states the far-reaching improvements necessary to an efficient, simple and fully comprehensive conveyancing system remain …
Mortgages-Mortgagee's Rights Against Tenant Who Occupies Premises Under Subsequent Lease By Mortgagor, Charles E. Becraft S. Ed.
Mortgages-Mortgagee's Rights Against Tenant Who Occupies Premises Under Subsequent Lease By Mortgagor, Charles E. Becraft S. Ed.
Michigan Law Review
It is the purpose of this comment to discuss possible rights of the mortgagee or the purchaser at foreclosure sale, who stands in the place of the mortgagee, in dealing with a tenant of the mortgagor who holds under a lease subsequent to execution of the mortgage. Only the law of those states in which the lien theory of mortgages is in force will be considered.
Specific Performance-Marketable Title To Realty-Compelling Vendor To Purchase Outstanding Interest, Robert Dilts
Specific Performance-Marketable Title To Realty-Compelling Vendor To Purchase Outstanding Interest, Robert Dilts
Michigan Law Review
Plaintiffs sued for specific performance of a contract for the sale of real estate. Their attorney had concluded that the abstract furnished by defendant indicated a possible outstanding undivided one-half interest in the property. Refusing to accept a conveyance unless the alleged defect was eliminated or protection offered against an attack on the title, plaintiffs sought a decree requiring defendant to clear title and convey according to the contract. There was no showing that defendant could obtain a conveyance of the alleged outstanding interest. Held, specific performance denied. Bartos v. Czerwinski, 323 Mich. 87, 34 N.W. (2d) 566 …
Corporations-Restrictions On Holding Real Estate-Lnterpretation Of Michigan's Constitutional Restriction, W. M. Myers
Corporations-Restrictions On Holding Real Estate-Lnterpretation Of Michigan's Constitutional Restriction, W. M. Myers
Michigan Law Review
While it is now well settled that a corporation has the power to acquire and hold real estate, this power may be limited by the charter creating the corporation, by legislative enactments of a general nature, or by specific constitutional provisions. When such a limitation is imposed by constitution, a problem of construction arises in interpreting it in a workable way after the social conditions motivating it have changed or disappeared.
Real Property-Rights In Land-Construction Of Restrictive Covenants, Donald D. Davis
Real Property-Rights In Land-Construction Of Restrictive Covenants, Donald D. Davis
Michigan Law Review
Excepting a small area set aside for business purposes, the deeds conveying more than 1300 lots in the University Heights addition of the City of Albuquerque contained restrictive covenants, the part here involved providing "no building other than dwelling houses . . . to be erected . . . . [N]or shall any building erected on said lots be used . . . for any other purpose than as private dwelling places." Plaintiff, a lot owner in the addition who used his lot as a residence, sought to enjoin defendant's use of two of the restricted lots for parking automobiles …
Equity-Disinterment Of Dead Body Buried In Another's Land, Richard H. Conn
Equity-Disinterment Of Dead Body Buried In Another's Land, Richard H. Conn
Michigan Law Review
Complainant sought a decree in equity compelling defendant, administratrix of the estate of one Abram London, to remove the body of deceased from a grave on land belonging to complainant. Complainant had purchased the land in 1934, but through error of the cemetery officials it was resold to London in 1944. London's wife was buried in the adjacent plot. Defendant contended that the relief requested would transgress London's wish to be buried adjacent to his wife. Held, decree granted. The body of a person buried in a grave belonging to another is not properly buried, and the court will …