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Full-Text Articles in Law
Property - Ownership Of Land
Michigan Law Review
In a suit to foreclose a purchase-money mortgage, the defendant counterclaimed for a breach of covenant against incumbrances on the ground that a right had been acquired to construct a sewer across the premises at a depth of over 150 feet. The court held that this was not an incumbrance within the covenant as title did not extend to a depth beyond which the owner might reasonably use. Boehringer v. Montalto, 254 N. Y. S. 276 (1931).
Fixtures - Rights Of Conditional Vendors -Test Of Material Injury To Freehold
Fixtures - Rights Of Conditional Vendors -Test Of Material Injury To Freehold
Michigan Law Review
Plaintiff sued to foreclose a mortgage on a hotel. Defendants were vendors of various pieces of hotel equipment, who apparently had filed title-retaining contracts subsequent to the recording of the realty mortgage. The court found that some of the equipment was not attached to the realty at all, and that the rest could be removed without material in jury to the "freehold." Held, that the title of the conditional vendors prevailed, under N. J. Comp. Stat. supp., secs. 182-93. Bank of America National Ass'n. v. LaReine Hotel Corp. (N. J. 1931) 156 Atl. 28.