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Doctrine Of Lis Pendens In Legal Actions Affecting Land, The, Gardner Smith
Doctrine Of Lis Pendens In Legal Actions Affecting Land, The, Gardner Smith
University of Missouri Bulletin Law Series
From conversations which the writer has had with various members of the Bar, including title attorneys, there seems to be a general belief that purchasers of land from a party to a pending suit affecting it, are not charged with constructive knowledge of such suit unless a notice of its pendency is filed in the office of the Recorder of Deeds, as provided by Section 3155, R. S. Mo. 1929. This, however, is not the case except as to the limited character of actions mentioned in this section. As will be pointed out, there are many types of real actions …
Mortgages - Priorities Between Mortgages And Mechanics' Liens, Robert S. Eastin
Mortgages - Priorities Between Mortgages And Mechanics' Liens, Robert S. Eastin
University of Missouri Bulletin Law Series
Since they are of statutory origin, mechanics' liens must be classified and treated upon a different basis than other common liens, which owe at least a large part of their existence to the rules of the common law and equity. The rules governing the priorities of such liens are in many respects similar to those followed with regard to mortgages and other contractual liens. However, for various reasons, the rules as to, the priorities given to mechanics liens are sufficiently different to bear separate study. It is the purpose of this note to inquire into the particular question of priorities …
Restraints On Alienation In Missouri, Earl F. Nelson
Restraints On Alienation In Missouri, Earl F. Nelson
University of Missouri Bulletin Law Series
Restraints on alienation are sought to be effected in two ways: First: No attempt is made to attach any character of inalienability to the estate, but it is given on the condition that it shall not be alienated, or until it is alienated; that is, it is subject either to a condition for the breach of which the grantor may enter, or to a limitation which, upon alienation, puts an end to it without entry. The owner of the estate may assign it as he pleases; he is not compelled to keep it against his will; but on assignment it …
Statutory Covenants For Title In Missouri, James W. Simonton
Statutory Covenants For Title In Missouri, James W. Simonton
University of Missouri Bulletin Law Series
The Missouri statute providing that the use of the words, "grant, bargain and sell", in a fee simple conveyance shall be construed as imposing on the grantor certain covenants of title, is not only interesting in respect to its history, but, as it stands at present, it appears to be different in scope from any statute on the subject in any other jurisdiction. Furthermore, this statute has been construed by the Missouri Supreme Court so that the final joint product of the legislative and the judicial branches of the state is surprising.
Declarations Of Trusts And The Statute Of Uses, James L. Parks
Declarations Of Trusts And The Statute Of Uses, James L. Parks
University of Missouri Bulletin Law Series
In Neal v. Bryant: plaintiff brought a statutory action to determine and quiet title to a parcel of land known as the "Leazenby land". Defendant claimed title as residuary devisee under the will of plaintiff's father, Joseph Bryant. Testator had executed the will under which defendant claimed on July 9, 1915, and had acquired title to the land in suit on January 25, 1916. When testator obtained the land, he did not go into possession himself, but put plaintiff in possession, telling plaintiff and other that the land was not his but plaintiff's. At all times thereafter plaintiff was possessed …
Transfer Of Property By A Pledgee, James L. Parks
Transfer Of Property By A Pledgee, James L. Parks
University of Missouri Bulletin Law Series
In certain communities, personal property of one kind or another is frequently deposited by way of pledge or pawn to secure performance of an obligation. The question as to the rights of the pledged in the property, both before and after the maturity of the debt, is of importance and the results flowing from an improper and illegal transfer of the property by the pledgee are often complicated. It is accordingly proposed, in the following pages, to consider transactions involving transfers of the property 'by the pledgee and to endeavor to formulate the rules, -which regulate his rights and obligations …
Larceny Of Referendum Petitions (Concluded), Kenneth C. Sears
Larceny Of Referendum Petitions (Concluded), Kenneth C. Sears
University of Missouri Bulletin Law Series
It would seem that from the very outset the Supreme Court of Missouri refused to accept the common law as to larceny of choses in action. In State v. Newell there was an indictment for obtaining bills of exchange by false pretenses.
Larceny Of Referendum Petitions, Kenneth C. Sears
Larceny Of Referendum Petitions, Kenneth C. Sears
University of Missouri Bulletin Law Series
It seems reasonably certain that the English courts have never considered the absurd and indefensible rule relating to choses in action as applying to all written instruments. Indeed, Regina v. Morrison, supra, refuses to apply the rule to an instrument that was evidence of an obligation between parties. Is it not curious that an English court in the middle of the nineteenth century is found to be restricting its doctrine while an American court in the twentieth century is attempting to extend a transplanted and anarchronistic notion that rests on a fiction which is socially inexpedient?
Equitable Relief Against Nuisances And Similar Wrongs In Missouri, George L. Clark
Equitable Relief Against Nuisances And Similar Wrongs In Missouri, George L. Clark
University of Missouri Bulletin Law Series
In order the better to secure to the owner and occupier of land its proper use and enjoyment the common law has recognized certain rights in addition to the mere right of possession which is redressed by the action of trespass. These non-possessory rights are called natural rights because, like the right of possession, they exist irrespective of the consent of others. Any violation of these natural rights is called a private nuisance.
Equitable Servitudes In Missouri, George L. Clark
Equitable Servitudes In Missouri, George L. Clark
University of Missouri Bulletin Law Series
Before the decision in Tulk v. Moxhay, a contract not to use land in a particular manner was treated by equity courts in the same way as were other negative contracts; if the plaintiff was so injured in the enjoyment of his own land that damages at law did not furnish an adequate remedy, equity would specifically enforce the contract by granting an injunction against the promisor. The right thus to control the use of the property in the hands of the promisor can hardly be classified as other than a property right, but since it was enforcible only against …
Transfer And Partition Of Remainders In Missouri, The, Manley O. Hudson
Transfer And Partition Of Remainders In Missouri, The, Manley O. Hudson
University of Missouri Bulletin Law Series
The common law gave to vested remainders many of the qualities of present estates, and most of the questions arising in connection with their transfer have long been free from difficulty. But contingent remainders occupied such a precarious place in the law long after they were first recognized as legal interests, that all questions as to their transferability were approached with exceeding reluctance. The contingent remainderman had only a mere possibility of an estate, and the employment of such a description was in itself sufficient to conjure difficulty, for possibility to the common law lawyer was a dangerous word. A …
Executory Limitations Of Property In Missouri, Manley O. Hudson
Executory Limitations Of Property In Missouri, Manley O. Hudson
University of Missouri Bulletin Law Series
This study will deal with the present position of executory limitations of real and personal property in Missouri law, which will involve a consideration of their validity at common law and under the English statutes of uses and wills and under the Missouri statutes, and an analysis of the Missouri decisions. The doctrine that any limitation after a fee simple to which is added an absolute power of disposal is void, will be examined particularly, and an effort will be made to point out a way of escape from it.
Land Tenure And Conveyances In Missouri, Manley O. Hudson
Land Tenure And Conveyances In Missouri, Manley O. Hudson
University of Missouri Bulletin Law Series
It is impossible to apply the artificial rules of the modern law of real property without a clear understanding of the feudal system of land tenure in which they originated. The disappearance of the essentials of feudal society-the personal relation between lord and tenant and the duties owed by the tenant to the lord-has not taken away the feudal basis of the law of real property; nor has it made the common law rules, apart from statute, less applicable. But there is such a close connection between land ownership and other social institutions' that, however fixed the legal theory, the …
Conditions Subsequent In Conveyances In Missouri, Manley O. Hudson
Conditions Subsequent In Conveyances In Missouri, Manley O. Hudson
University of Missouri Bulletin Law Series
Though the learning surrounding the subject of conditions has lost some of its importance because of the infrequency with which conditions are now enforced by entry for breach, it has by no means become obsolete in the modern, law of conveyancing. Cases still arise to which the common law rules are applicable, as instanced in three recent Missouri decisions, and the strictness of those rules, due to the disfavor with which the law regards conditions, seems to justify this special study of the Missouri decisions relating to the subject.
Limitations Of Personal Property, Manley O. Hudson
Limitations Of Personal Property, Manley O. Hudson
University of Missouri Bulletin Law Series
Since chattels personal were never subjects of feudal tenure,' the creation of legal interests in them is not restricted by the artificial rules which apply in the creation of legal interests in realty. Though it may be proper to speak of the seisin of chattels, there has never been a principle that such seisin cannot be put in abeyance. Land can only be held of some one, but chattels may be owned absolutely. Strictly speaking, estates in chattels are therefore impossible, for estate connotes qualified ownership. Any disposition of a chattel, unless it be by way of pledge or bailment, …
Estates By The Marital Right And By The Curtesy In Missouri, Charles K. Burdick
Estates By The Marital Right And By The Curtesy In Missouri, Charles K. Burdick
University of Missouri Bulletin Law Series
By the common law, if a woman married, seised of a freehold estate in land, or became seised of such an estate after marriage, her husband also, by the marital right, became immediately seised of an estate in the land. Although certain characteristics of the estate jure mariti are well established, it has nevertheless seemed to be one of the difficult problems of the law to define its nature.
Estates Tail In Missouri, Manley O. Hudson
Estates Tail In Missouri, Manley O. Hudson
University of Missouri Bulletin Law Series
The recent case of Gray v. Ward calls attention to the problems which arise in the application of the Missouri statute abolishing estates tail as created by the statute De Donis Conditionalibus. It is believed that all of these problems have not been solved in the decisions of the Missouri Court and this study is undertaken to determine what principles have been adopted, and what further principles should control the Court in the application of this statute of entails.