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Articles 1 - 15 of 15
Full-Text Articles in Law
Equity-Specific Performance-Decrease In Money Value Subsequent To The Inception Of An Option Contract Is Not Hardship, Harry T. Baumann S. Ed.
Equity-Specific Performance-Decrease In Money Value Subsequent To The Inception Of An Option Contract Is Not Hardship, Harry T. Baumann S. Ed.
Michigan Law Review
ln 1940 defendant leased his property to the plaintiff for ten years with an option to purchase for $25,000 at any time within the term of the lease. One month before the lease expired, the plaintiff gave defendant notice of his election to exercise the option. Defendant claimed that, subsequent to exercise of the option, a fair bid of $35,000 had been made by a third party and, therefore, he was not required to convey. In an action for specific performance, the trial court held that the subsequent bid was of no effect under the contract, and the plaintiff was …
Real Property-Tenancy By Entireties-Creation By Deed From Husband To Husband And Wife, Richard P. Matsch S. Ed.
Real Property-Tenancy By Entireties-Creation By Deed From Husband To Husband And Wife, Richard P. Matsch S. Ed.
Michigan Law Review
H owned real estate in fee simple. His wife, W, joined with him in a warranty deed conveying the land to themselves with the expressed intention of creating a tenancy by entireties. H died and his heirs challenged W's right to take the fee by survivorship. The trial court held that a tenancy by entireties had been created and the wife properly took the fee. On appeal, held, affirmed, one judge dissenting. An Arkansas statute providing that a married man may convey "the interest specified in the deed" directly to his wife permits a husband, already owner …
Torts-Assault And Battery-Use Of Traps To Protect Property From Felonious Taking, Charles E. Oldfather S. Ed.
Torts-Assault And Battery-Use Of Traps To Protect Property From Felonious Taking, Charles E. Oldfather S. Ed.
Michigan Law Review
Plaintiff brought an action for personal injuries. Defendant planted two sticks of dynamite in the floor beneath the door of his mining warehouse in order to prevent repeated thefts of personal property from the building. The dynamite was rigged to explode when the door was opened. Plaintiff, with the intent of stealing whatever he could, broke the lock, opened the door, and from the ensuing explosion received leg and foot injuries. Plaintiff's act was a statutory felony. Defendant testified that he in good faith thought that the amount of dynamite used would merely frighten the plaintiff. Trial court held the …
Real Property-Licenses-Revocability Of Parol Licenses Which Have Been Acted Upon, Charles E. Oldfather
Real Property-Licenses-Revocability Of Parol Licenses Which Have Been Acted Upon, Charles E. Oldfather
Michigan Law Review
Plaintiff, operator of a boat company, owned land adjoining a river. X held land between that of the plaintiff and a county road. Plaintiff, seeking to secure a way from his property to the county road, offered by letter to purchase forty acres from X, and upon refusal, attempted to buy a forty foot strip, which was again refused. There was further correspondence, in which the parties referred to an "easement" or a "right of way," which terminated in a letter from X saying: ''From the standpoint of this company, there will be no objection to you building a …
Restraints On Alienation Of Legal Interests In Michigan Property: Iii, William F. Fratcher
Restraints On Alienation Of Legal Interests In Michigan Property: Iii, William F. Fratcher
Michigan Law Review
In England the impossibility of inter vivos creation of interests in expectancy in chattels and the unsuitability for the purpose of the devices of bailment and contract have tended to restrict attempts to restrain the alienation of chattels to the trust device and provisions in wills for forfeiture on alienation. The trust device involves equitable interests, which are beyond the scope of this study. In connection with a bequest of the use and occupation of chattels for life or a term of years the English courts would probably sustain the validity of a provision for forfeiture on alienation by way …
Conflict Of Laws-Property-Law Governing Mortgage Deficiency Judgments, William O. Allen S.Ed.
Conflict Of Laws-Property-Law Governing Mortgage Deficiency Judgments, William O. Allen S.Ed.
Michigan Law Review
Defendant, a Michigan corporation, became a guarantor on a mortgage of land located in Alabama. Both the mortgage and underlying note were executed in Alabama and the note was payable there. Upon default, mortgagee, acting under a power of sale, foreclosed the mortgage and became the purchaser at the sale, which was duly conducted according to Alabama law. Mortgagee then brought this action in the federal district court for Michigan to recover the deficiency remaining due after foreclosure. Defendant claimed that the fair market value of the mortgaged property exceeded the balance due on the mortgage debt, and that under …
Real Property-Landlord And Tenant-Transfer By Lessee As Sublease, Not Assignment, John S. Slavens
Real Property-Landlord And Tenant-Transfer By Lessee As Sublease, Not Assignment, John S. Slavens
Michigan Law Review
X leased lands to plaintiff for a term of years, with a provision that if property truces were assessed against the property in excess of a certain amount, plaintiff would pay X a certain proportion of the excess amount as additional rent. Plaintiff then transferred his remaining term to defendant "subject to the terms" of the overlying lease. In addition, the sublease provided for a right to cancel the sublease if defendant failed to restore in case of fire or in the event of taking by eminent domain. Subsequent to the sublease, the tax assessments exceeded the amount stipulated in …
Real Property-Prescription-Reciprocal Easements In Mutual Driveway, David W. Rowlinson S.Ed.
Real Property-Prescription-Reciprocal Easements In Mutual Driveway, David W. Rowlinson S.Ed.
Michigan Law Review
Plaintiffs brought this suit in equity to establish their right to an alleged easement acquired by prescription in a joint driveway on the lot line separating their lot from defendants' lot and for injunctive relief restraining defendants from interfering with their use of the driveway. The husband of the common grantor of these lots had erected a house on each lot in 1924 and had constructed a driveway over the eight feet of land between the houses, half of the driveway being on each lot. Each lot was thirty-one feet wide and each had a garage in the rear, defendants' …
Real Property-Notice-Recitals In Unrecorded Deeds In Chain Of Title, James S. Taylor
Real Property-Notice-Recitals In Unrecorded Deeds In Chain Of Title, James S. Taylor
Michigan Law Review
The plaintiff, Eiring, owner of all rights in a tract of land, attempted to convey certain mineral rights to Earnest by deed. The alleged rights passed from Earnest by subsequent mesne conveyances to McMillan, and, on the death of McMillan, to the defendant as trustee. Eiring brought an action against the defendant in statutory trespass to try title to the land. In the deed from Eiring to Earnest blank spaces were left in the granting clause. Held, the blank spaces rendered the deed void, and the deficiency was not cured by reference to another indefinite deed. After holding this, …
Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher
Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher
Michigan Law Review
During the century and a half which followed the Norman Conquest, the owner of land who attempted to transfer it might meet with opposition from three interested parties, his feudal overlord, his heir apparent and his tenant. His feudal overlord might object to a transfer by way of substitution, that is, one under the terms of which the transferor did not retain a reversion; because the proposed transferee was not a suitable person to perform the feudal services due for the land. As these services were frequently of a personal or military nature such an objection was not necessarily captious. …
Real Property-Easements-Implied Grant Of Right Of Way, James B. Wilson
Real Property-Easements-Implied Grant Of Right Of Way, James B. Wilson
Michigan Law Review
Plaintiffs claimed an easement by implied grant in a driveway situated wholly on defendants' land, but directly adjoining the land of plaintiffs. The driveway had been constructed at a time when both pieces of property were owned by X. X had conveyed part of the land to plaintiffs' remote grantor, and three months later had conveyed the adjoining portion, including the driveway, to defendants' remote grantor. The driveway had fallen into disrepair and at the time of the action was in such a depreciated state as to be practically useless. On the opposite side of plaintiffs' house there was …
Negligence-Duty Of Care-Duty Of Possessor Of Land Conducting Activities Thereon To Keep A Lookout For Licensees, Duncan Noble
Negligence-Duty Of Care-Duty Of Possessor Of Land Conducting Activities Thereon To Keep A Lookout For Licensees, Duncan Noble
Michigan Law Review
Plaintiff, seeking employment, came onto the site of a road construction project under defendant's control as general contractor and posted by him with notices of construction and against trespassing. Plaintiff was struck by a materials truck backing, without lookout or warning, over the completed half of the road. On these facts the jury found that the truck was negligently operated and plaintiff prevailed. On appeal, held, affirmed. A contractor owes a duty of ordinary care to licensees in a case of "active," as distinguished from "passive" negligence. Evidence as to the mode of operating the truck and "likelihood" of …
Civil Procedure-Judgments-Collateral Attack On Decree Of Distribution Of A Probate Court, David W. Rowlinson
Civil Procedure-Judgments-Collateral Attack On Decree Of Distribution Of A Probate Court, David W. Rowlinson
Michigan Law Review
Testator's will devised a tract of land to his three nieces and directed that the nieces should not sell or dispose of the land for twenty years after his death. This provision was incorporated in the decree of the probate court distributing the land to the three nieces. After the decree of distribution had become final, one of the nieces brought the present action for partition. Over the objection that the decree was conclusive and forbade this type of alienation, the trial court ordered partition. On appeal, held, affirmed. The condition restraining alienation for twenty years is forbidden by …
Property-Mechanics' Lien-Validity Against Non-Contracting Co-Owner, Howard Van Antwerp S.Ed.
Property-Mechanics' Lien-Validity Against Non-Contracting Co-Owner, Howard Van Antwerp S.Ed.
Michigan Law Review
A and B were tenants in common of a tract of land. Plaintiff contracted with A to build a house thereon, B not being a party. Plaintiff sued A and B to enforce a mechanics' lien for money due on the contract, and was successful against both in the lower court. On appeal, held, reversed. Only A, who contracted to have the house built, was subject to a mechanics' lien. Dente v. Bullis, (Md. 1950) 76 A. (2d) 158.
Real Property--Adverse Possession--What Constitutes Adverse Possession Of Land Used Periodically, George D. Miller Jr.
Real Property--Adverse Possession--What Constitutes Adverse Possession Of Land Used Periodically, George D. Miller Jr.
Michigan Law Review
Plaintiff in an ejectment action claimed under a chain of title tracing back to a government patent. Defendants asserted title in themselves by adverse possession. The land in question was wild, undeveloped, and not suitable for farming, but was desirable for hunting and fishing, for which purpose the defendants had used the premises every year since their entry. In 1926 some of the defendants built a cabin on the land, and replaced it in 1932 by the present one, which they built on a cement foundation, painted, and planted grass around. They also erected a sign at the crossroads bearing …