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Bankruptcy--Stay Of Bankruptcy Proceedings Denied To Creditor Seeking Lien On Exempt Property--Harris V. Hoffman, Michigan Law Review
Bankruptcy--Stay Of Bankruptcy Proceedings Denied To Creditor Seeking Lien On Exempt Property--Harris V. Hoffman, Michigan Law Review
Michigan Law Review
The appellants, husband and wife, executed a promissory note to the appellee-bank. Thereafter, they purchased real property which they occupied as a homestead. Acting pursuant to an Iowa statute which subjects a homestead to debts contracted before the homestead was acquired, the bank commenced a suit on the note in state court, but this proceeding was stayed when appellants filed a voluntary petition in bankruptcy. After the trustee in bankruptcy set the homestead apart as property exempt under Iowa law, the bank sought a stay of discharge in bankruptcy for a reasonable period of time so that it could obtain …
Duress Through Civil Litigation: Ii, John P. Dawson
Duress Through Civil Litigation: Ii, John P. Dawson
Michigan Law Review
Where litigation has progressed to the stage of a final judgment under which execution is immediately available, the initial obstacles already suggested to relief for duress appear to exist in magnified form. The judgment itself establishes the legitimacy of the original demand. Though the coercion threatened is immediate, it has been supplied by general rules of procedure for the specific purpose of compelling satisfaction. It appears from numerous decisions and is even more frequently assumed that a settlement induced by threat of immediate issuance of execution under a valid, final money judgment cannot be duress, whatever the nature of the …
Execution - Misdirection Of Process - Validity Of Amendment, Michigan Law Review
Execution - Misdirection Of Process - Validity Of Amendment, Michigan Law Review
Michigan Law Review
A statute provided that where the writ of execution requires the delivery of real or personal property, it "must" be issued to the sheriff of the county where the property is situated. The judgment debtor had some money deposited with the defendant bank in Y county on which plaintiff sought execution. The writ was directed to the sheriff of X county but was delivered to the sheriff of Y county. The writ was served on the defendant bank and the vice president of the bank made a return stating that the bank had no property in its possession, nor under …
Automobiles - Registration Of Title And Transfer - Effect On Ownership, Gerald M. Stevens
Automobiles - Registration Of Title And Transfer - Effect On Ownership, Gerald M. Stevens
Michigan Law Review
Who owns this automobile? is a question of frequent interest both to the state and to its citizens. Identification of it and its owner may be a leading clue to the solution of crime; its owner must often be apprehended as the first step toward punishment of one of the considerable list of offenses peculiar to the operation of motor vehicles; it constitutes an important item of taxable property. The private citizen is interested in its ownership to identify the proper defendant in his tort action; it is an obvious source of satisfaction of his claim against a debtor; or …
Fixtures - Effect Of Forfeiture Of Lease On Rights Of Conditional Vendor Who Sold Chattels To Lessee Under Title Retention Agreement
Michigan Law Review
L executed a ninety-nine year lease of certain Chicago real estate to T, who agreed to erect thereon, as security for the payment of rent, a building of a certain description and to keep the premises free and clear of all liens arising from the construction of the building. The lease was recorded, and the building was erected with funds procured by the sale of bonds secured by a trust mortgage of the leasehold to E. When completed the building contained, as required by city ordinance, an automatic water sprinkling system, purchased by T from V under a …
Recording - Preservation Of Priority By Recording Within Statutory Period
Recording - Preservation Of Priority By Recording Within Statutory Period
Michigan Law Review
Plaintiff sued to foreclose a motor vehicle lien filed under the provisions of sections 8524-8528, Mason's Minn. Stat. (1927). Intervener interposed a claim as bona fide purchaser of the automobile before the lien was recorded. Plaintiff did record within the sixty day period fixed by the statute for that purpose. Held, the lien is superior to the title of intervener, even though latter bought the automobile without knowledge or notice, actual or constructive, of the lien. Pratt v. Armstrong et al. (Bud Johnson, Inc., Intervener), (Minn. 1934) 255 N. W. 91.
Mortgages-Given Without Consideration But Intended As Gift
Mortgages-Given Without Consideration But Intended As Gift
Michigan Law Review
Statements that no mortgage is good unless there is consideration therefor are common; but that such statements are entirely true is very doubtful. Jones, in his book, Mortgages, makes such a statement, and then in the same section tells us that a mortgage intended as a gift will be enforced against all but prior creditors of the mortgagor. Wiltsie, in his book, Mortgage Foreclosures, states that want of consideration is a good defense, with some exceptions which are not clearly indicated. And Tiffany, in his work on Real Property, suggests that although a mortgage without consideration might be valid as …
Estates-Tenancy By Entireties--Ability Of Judgment Creditor To Reach Tenant's Interest
Estates-Tenancy By Entireties--Ability Of Judgment Creditor To Reach Tenant's Interest
Michigan Law Review
Shortly after the plaintiff's judgment had been docketted and a fruitless attempt made to have it satisfied, the defendant and his wife became devisees of some land, holding it as tenants by entireties. Knowing his wife to be in poor health and fearing he might survive her, the defendant persuaded her to join in a conveyance to their granddaughter for only a nominal consideration. Both women were unaware of the defendant's real motive, but the defendant himself understood the effect of what he was doing and was anxious to place the land beyond the plaintiff's reach. Held, that the …
Landlord And Tenant-Liability For Taxes
Landlord And Tenant-Liability For Taxes
Michigan Law Review
Defendant, a lessee, covenanted to pay all taxes assessed against the property. After having been transferred to several parties successively, the lease was surrendered on April 7, 1928, to the original lessor, under an agreement providing that, "the original lessee, and its assigns, shall be released from all further obligations imposed upon lessee in said lease contract." Taxes which had become a. lien. on the property by assessment Jan. 1, 1928, were due in three equal installments payable the following April 15th, July 15th, and Oct. 15th, respectively, Upon the failure of the original lessee to pay the taxes, the …
Contracts-Breach Of Implied Warranty That Construction Be Usable For Purpose Intended
Contracts-Breach Of Implied Warranty That Construction Be Usable For Purpose Intended
Michigan Law Review
Plaintiff and defendant entered into a contract by the terms of which defendant was to assign to plaintiff an equity in a land contract to purchase a lot. The plaintiff was to complete the payments and sell to the defendant on a land contract this same lot with a house and garage to be erected by the plaintiff, an experienced builder, according to plans and specifications to be drawn by the latter. The defendant was to be given credit for the amount he had previously paid on the lot, and the price was further reduced by the defendant doing the …