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Articles 1 - 11 of 11

Full-Text Articles in Law

Property--Cancellation Of Note At Payee's Death Not Testamentary Gift, Ralph Judy Bean Jr. Dec 1964

Property--Cancellation Of Note At Payee's Death Not Testamentary Gift, Ralph Judy Bean Jr.

West Virginia Law Review

No abstract provided.


Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch Dec 1964

Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch

Vanderbilt Law Review

Codification and re-codification in federal and state jurisdictions has proceeded in a geometrical progression these past decades. To what extent is the old law yielding or, au contraire, to what extent is the ancient law reappearing? For example, are Plato's views on crime and punishment being revived, continued, or changed?' Or,to what extent are Hegel's views in a certain few legal areas of present interest and value? As we shall see, an understanding of Hegel's juris-prudential views, as related to specific topics, is a present-day pragmatic necessity. We propose to seek these views, albeit briefly, in the fields of property, …


A Tale Of Two Cases, William H. Agnor Oct 1964

A Tale Of Two Cases, William H. Agnor

Vanderbilt Law Review

Professor Agnor here traces the development of what he suggests is a bad rule of law which originated in a poor decision of a jurisdiction highly respected for its decisions on the law of future interests. The author's demonstration of how the case has been blindly followed by both bench and bar underscores his message that members of the legal profession must not rely on encyclopedic statements of the law without an examination into the policies and problems involved.


Removal Of Future Interest Encumbrances--Sale Of The Fee Simple Estate, Candler S. Rogers Oct 1964

Removal Of Future Interest Encumbrances--Sale Of The Fee Simple Estate, Candler S. Rogers

Vanderbilt Law Review

The removal of future interest encumbrances on realty may in proper cases relieve hardship of private parties and be of benefit to the community by rendering the land marketable and productive. The author here examines the scope of equity jurisdiction in these cases and the applicable statutes. The author concludes with proposals to improve the statutory treatment of the problem and suggests that equity already has the power to provide the relief contained in his statutory proposals.


Restitution - 1963 Tennessee Survey, Brad Reed Jun 1964

Restitution - 1963 Tennessee Survey, Brad Reed

Vanderbilt Law Review

Constructive trusts are related to the field of trusts in somewhat the same way that quasi-contracts are today related to the field of contracts-in misnomer only. A judicial declaration of a constructive trust means simply that the holder of legal title to the property affected, must convey it to the person for whose benefit the constructive trust is declared.' The primary efficacy of this equitable remedy is that it gives the successful complainant a preference over all the defendant's creditors; its theory is not that the complainant is trying to reach the defendant's property, but rather that the property which …


Executors And Administrators-Sale Of Realty In The Estate-Better Price As Reason For Permitting Sale Under "Best Interests Of The Estate" Provision, William J. Bogaard Jun 1964

Executors And Administrators-Sale Of Realty In The Estate-Better Price As Reason For Permitting Sale Under "Best Interests Of The Estate" Provision, William J. Bogaard

Michigan Law Review

Pursuant to a Missouri statute permitting sale of real property for any purpose in the best interests of the estate, administrator filed a petition for power to sell realty in the estate of the decedent for the reason, inter alia, that a better price could be obtained at a private sale than at a judicial sale resulting from a suit for partition. The plaintiff heir's subsequent bill for partition of the real estate was dismissed by the trial court, which found that the administrator's petition for power to sell had conferred jurisdiction of the property on the probate court. …


Slicing The Condemnation Pie: Compensable Interests Under Eminent Domain In Pennsylvania, Edward L. Snitzer Jan 1964

Slicing The Condemnation Pie: Compensable Interests Under Eminent Domain In Pennsylvania, Edward L. Snitzer

Villanova Law Review

No abstract provided.


An Appraisal Of Techniques To Preserve Open Space, Peter Ames Eveleth Jan 1964

An Appraisal Of Techniques To Preserve Open Space, Peter Ames Eveleth

Villanova Law Review

No abstract provided.


Money Payment Requirements As Conditions To The Approval Of Subdivision Maps: Analysis And Prognosis, Michael B. Kean Jan 1964

Money Payment Requirements As Conditions To The Approval Of Subdivision Maps: Analysis And Prognosis, Michael B. Kean

Villanova Law Review

No abstract provided.


Real Property - Leases - Rule Against Perpetuities Does Not Void An On Completion Lease Where The Interest Must Vest Within A Reasonable Time Which Is Less Than Twenty-One Years, Malcolm J. Gross Jan 1964

Real Property - Leases - Rule Against Perpetuities Does Not Void An On Completion Lease Where The Interest Must Vest Within A Reasonable Time Which Is Less Than Twenty-One Years, Malcolm J. Gross

Villanova Law Review

No abstract provided.


Marketable Title In Pennsylvania, Conrad J. Desantis Jan 1964

Marketable Title In Pennsylvania, Conrad J. Desantis

Villanova Law Review

No abstract provided.