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Full-Text Articles in Law
Real Property-Tenancy By Entireties-Estate Created By Parol Gift Followed By A Voluntary Settlement, Ralph J. Isackson
Real Property-Tenancy By Entireties-Estate Created By Parol Gift Followed By A Voluntary Settlement, Ralph J. Isackson
Michigan Law Review
Prior to his death in 1892, X made a parol gift of 60 acres in a 360 acre tract to his daughter, W, or to W and her husband, H, and put them into actual possession but gave them no deed to the land. No evidence was shown to indicate that either W or H had paid the taxes or made any improvements on the land during X's lifetime. X died intestate and left surviving him five children, including W. All the heirs, except W, conveyed the 60 acre tract to W and H in …
Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact
Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact
Michigan Law Review
Plaintiff sued in Ohio to set aside a deed of Ohio land given by the plaintiff, a resident of that state, in exchange for Texas lands deeded by the defendant who was also a resident of Ohio, for mistake as to defendant's title to the Texas land resulting from a Texas statute of which both parties were ignorant at the time of the transaction. Held, a mistake of foreign law is a mistake of fact authorizing equitable relief. Miller v. Bieghler, 123 Ohio St. 227, 174 N.E. 774 (1931).
Mortgages - Exchange For Deed With Option To Repurchase Or Sell To A Third Person And Take The Excess Of Purchase Money
Michigan Law Review
There is no principle more firmly established in equity than the one that the right of redemption constitutes an integral part of every mortgage. Neither by a stipulation in the mortgage itself, nor by any separate contemporaneous agreement, nor by giving a deed intended as a mortgage is it possible for the mortgagor to waive his equitable right to redeem. The application of this principle makes ineffectual the delivery of a deed in escrow at the time the note and mortgage are given, on condition that if the mortgagor does not pay his debt promptly the deed shall be delivered …
Adverse Possession-Grantor Against Grantee-Requirement Of Notice
Adverse Possession-Grantor Against Grantee-Requirement Of Notice
Michigan Law Review
Plaintiff owning a fee deeded it to his wife in 1893. The wife died in 1911, and plaintiff continued lo reside on the land ever since. Shortly after the wife's death plaintiff told defendants, his daughters, that he and his wife had held the land by" entirety, and that he was, therefore, the sole owner by right of survivorship. Defendants never learned of the deed to the wife until the instigation of this suit. Plaintiff claimed that he had reacquired ownership by adverse possession, and brought a bill to cancel the deed to his wife and remove the cloud from …
Delivery And Acceptance Of Deeds, Herbert T. Tiffany
Delivery And Acceptance Of Deeds, Herbert T. Tiffany
Michigan Law Review
It is proposed, in the first part of this paper, to consider the nature of the delivery of a deed, more particularly a deed of conveyance, and the facts and circumstances which the courts have regarded as justifying an inference of delivery. The second part of the paper will be devoted to a consideration of the necessity of the acceptance of a deed, in addition to delivery, in order that it may have a legal operation.