Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 18 of 18
Full-Text Articles in Law
Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed.
Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed.
Michigan Law Review
The first part of the comment considers the elevation sections of the statute-sections that change the donee's interest in the appointive or dispositive property to a fee for the benefit of creditors. The second part considers the execution sections of the statute-sections that subject the execution of powers to conveyancing requirements. These sections are of the utmost significance to estate planners.
Priorities: Ii, Edgar N. Durfee
Priorities: Ii, Edgar N. Durfee
Michigan Law Review
This is the second part of "Priorities" (also known as "Little Nemo") which was taken from Professor Durfee's teaching materials. The first part was published in the February issue-which was dedicated to the memory of Professor Durfee.
Priorities, Edgar N. Durfee
Priorities, Edgar N. Durfee
Michigan Law Review
Among those of Edgar Durfee's colleagues who were familiar with this paper it came to be known as "Little Nemo," for a reason that will become apparent to the reader. It is taken from his mimeographed Cases on Security, third edition, published in 1938. Possibly it was published earlier but there is a gap in the evidence. It did not appear in the first edition published in 1934 but no copy of the second edition has been located. In a few places its age shows, for example in the reference to Walsh as the author of the most recent …
Real Property - Adverse Possession - Between Cotenants, Paul K. Gaston
Real Property - Adverse Possession - Between Cotenants, Paul K. Gaston
Michigan Law Review
C. V. James and his wife and children owned certain property as tenants in common. In 1931 defendant Fallon recovered a judgment against C. V. James, and the land was sold by a sheriff under execution. Fallon became the purchaser at the sheriff's sale and was issued a sheriff's deed purporting to convey the entire interest in the property. Thereafter he was "in the actual, visible, distant, hostile, exclusive, continuous and uninterrupted possession" of the land and paid all taxes thereon. Plaintiffs, the wife and children of James, brought this action to determine the ownership of the property. Fallon claimed …
The Practical Location Of Boundaries, Olin L. Browder Jr.
The Practical Location Of Boundaries, Olin L. Browder Jr.
Michigan Law Review
Early in the development of the common law of conveyancing, as everyone knows, the practice of physically consummating a conveyance by acts on the land itself was abandoned in favor of the more flexible and convenient devices authorized or required by the Statute of Uses and the Statute of Frauds. Now we do it all on paper and consummate the transaction at any convenient place. One of the requirements of this process is to make clear what land is being conveyed. So we describe the land on paper in one of the several ways which have been approved for this …
Real Property - Easements - Implied Easement Of Access , Created By Conveyance With Reference To Plat, As Surviving Vacation Of Street, Allen Dewey
Michigan Law Review
Plaintiff sued to recover his deposit and search fee on a contract for the purchase of lands, a valuable part of which lay within the limits of two vacated streets. He contended the title was unmarketable because all owners of lands conveyed with reference to a plat showing these streets had by those conveyances acquired easements of access which survived the subsequent vacation of the streets by municipal authorities. The vacated streets had never been used and there were no physical indicia of them. Evidence showed all the lots on the map had access to the public highway system without …
Dispositions Of Property To Unincorporated Non-Profit Associations, Harold A.J. Ford
Dispositions Of Property To Unincorporated Non-Profit Associations, Harold A.J. Ford
Michigan Law Review
The aim of this article is to examine the ways in which courts in common law countries have given this assistance and the problems they have encountered in regard to property transactions.
Morris & Leach: The Rule Against Perpetuities, William F. Fratcher
Morris & Leach: The Rule Against Perpetuities, William F. Fratcher
Michigan Law Review
A Review of The Rule Against Perpetuities By J. H. C. Morris and W. Barton Leach.
Real Property - Recording - Sufficiency Of Description For Notice, Elliott H. Levitas
Real Property - Recording - Sufficiency Of Description For Notice, Elliott H. Levitas
Michigan Law Review
The grantor owned the disputed property in Scurry County, Texas, when he purported to convey to A, by quit-claim deed, properties described as "all the oil, gas and mining leases ... located anywhere within the United States, most of which are located within the states of New Mexico, Kansas, Oklahoma, Louisiana and Texas." This instrument was recorded in Scurry County. Subsequently, the grantor executed a conveyance to B covering the Scurry County interests, and B, in turn, conveyed them to C. C's search of the record did not disclose the prior conveyance to A. In …
Real Property - Elimination Of The Straw Man In The Creation Of Joint Estates In Michigan, Edward H. Hoenicke S.Ed.
Real Property - Elimination Of The Straw Man In The Creation Of Joint Estates In Michigan, Edward H. Hoenicke S.Ed.
Michigan Law Review
That joint ownership is a popular form of holding title to real property is undeniable. A husband and wife are especially likely to consider this form of ownership as "natural" and desirable because it emphasizes the concept of marriage as a partnership and gives both partners control over and ownership in the family property. In addition to these factors, joint ownership is popular because of the right of survivorship which is incident to it. In this feature the layman sees, or thinks he sees, the opportunity to avoid a probate proceeding, the estate tax, and the lawyer's fee. It is …
Boundaries: Description V. Survey, Olin L. Browder, Jr.
Boundaries: Description V. Survey, Olin L. Browder, Jr.
Michigan Law Review
These propositions I first encountered as a student in law school. At that time they struck me as rather startling propositions, which could not be reconciled with other things I had learned about the law of conveyancing. I do not recall exactly how they were disposed of: whether they were to be regarded as the law on the subject or merely as a couple of striking aberrations. There were too many other matters demanding attention at that time to allow much fretting over so small a question. Upon returning to the classroom some years later-but now sitting on the other …
Real Property - Grantor's Covenant To Insert Restrictions In Future Deeds As Personal Covenant, John B. Huck
Real Property - Grantor's Covenant To Insert Restrictions In Future Deeds As Personal Covenant, John B. Huck
Michigan Law Review
Certain farm owners, intending to subdivide the land, conveyed a lot to plaintiff by a deed restricting its use to residence purposes and providing that only single dwellings could be erected. The grantors covenanted to insert the same restrictions in future deeds to the rest of the land. Plaintiff recorded his deed. The grantors subsequently sold another lot to defendant church without inserting a similar restrictive covenant. Plaintiff brought suit to enjoin the erection of the church. On appeal from a decree for defendant, held, affirmed, three judges dissenting. The parties to the first deed, in providing for similar …
Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi
Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi
Michigan Law Review
It is the purpose of this comment to examine the skills which courts have developed to avoid inequitable results which might arise from forfeiture of estates, and, further, to attempt to demonstrate that judicial opinion may be in a transitional stage, tending to incorporate into law the equitable doctrine of change of conditions in disposing of cases involving rights of entry and possibilities of reverter.
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Michigan Law Review
Questions involving the rights, duties, powers, privileges, and immunities of parties to contracts to devise or bequeath are frequently raised prior to the death of the party promising to make the devise or bequest. In essence the problem is one of analyzing the legal relationships existing prior to the date set for performance. An analysis of these relationships is undertaken in this article. Vital questions concerning the formation of such contracts and their enforcement after the promisor's death are considered only when they appear essential to the development of the main theme which concerns the contract's effect prior to the …
Future Interests - Restraints On Alienation - Same Rules Applicable To Restraints On Future And Possessory Interests, Chester F. Relyea S.Ed.
Future Interests - Restraints On Alienation - Same Rules Applicable To Restraints On Future And Possessory Interests, Chester F. Relyea S.Ed.
Michigan Law Review
Testator devised real estate to his wife for life, remainder to his children, "with the following understanding," that should any child attempt to dispose of his interest before the death of the testator's wife, that child would forfeit his share and it would go to the remaining children. After the death of the testator, but before the death of his widow, one son conveyed away his interest in the property. In a suit for the partition of the real estate devised by the testator; held, on appeal, restraints on the alienation of vested estates in fee simple are against …
Associations-Title To Land Conveyed To Church After Expiration Of Charter, R. V. Wellman
Associations-Title To Land Conveyed To Church After Expiration Of Charter, R. V. Wellman
Michigan Law Review
The X Church was incorporated by special charter for a period of fourteen years from 1814. Subsequent charters extended its corporate existence until 1871, since which time, though the members have remained associated under the same name, there has been no attempt to re-incorporate. In 1922, land was conveyed to "X Church, its successors and assigns." Defendant contracted with the chairman and the warden of the Church to buy the land described in the deed of 1922. Subsequently, plaintiff, who had been elected minister of the Church in 1945, was authorized to execute and deliver the necessary deed of …
Clearance Of Land Titles-A Statutory Step, Ralph W. Aigler
Clearance Of Land Titles-A Statutory Step, Ralph W. Aigler
Michigan Law Review
Public Act of Michigan, No. 200, was approved by the governor on May 17, 1945. Its preparation and enactment are the result of a growing urge for the amelioration of certain conditions in land title transactions.
Mortgages - Subrogation Of A Volunteer, Herbert R. Whiting
Mortgages - Subrogation Of A Volunteer, Herbert R. Whiting
Michigan Law Review
After the marriage of the plaintiff to Victor Scheutz the latter's mother conveyed certain property to Victor and his sister, Viola, subject to an outstanding mortgage which the grantees assumed. Immediately after the completion of this transaction Victor and Viola, with plaintiff joining to release her dower, executed deeds of reconveyance to their mother. Thereafter Victor, Viola, and their mother, and plaintiff used the premises as a summer cottage until 1939, when plaintiff was granted a divorce. In 1932 upon request by the mortgagee for part payment of the mortgage debt plaintiff paid it in full. In this action, instituted …