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Articles 31 - 35 of 35
Full-Text Articles in Law
Bankruptcy - Corporate Reorganization - Plan - Adequate Protection Of Claims - Due Process, Erwin S. Simon
Bankruptcy - Corporate Reorganization - Plan - Adequate Protection Of Claims - Due Process, Erwin S. Simon
Michigan Law Review
In proceedings for reorganization under Section 77B of the Bankruptcy Act, the debtor held real property valued at $245,025, while outstanding against the property there were first mortgage bonds of $445,000, second mortgage notes for $40,250 and a third mortgage note for $27,000. The court confirmed a plan which made no provision for junior lienors or stockholders, and to which they had not given their consent. On certiorari, granted by the Supreme Court, it was held, that since there was no equity in the property above the first mortgage, the claims of the junior lienors and stockholders had no …
Constitutional Law - Race Segregation Ordinance - Effect Of Military Order Of Governor Issued For Same Purpose
Michigan Law Review
A "segregation ordinance" of Oklahoma City, prospective in nature, made it unlawful for any negro to occupy as a residence any house or building located in a block wherein a majority of the buildings used were occupied by white persons. The initial step in the segregation of races in the city occurred when the Governor issued a military order for the separation of the races, because it appeared that riot and bloodshed were imminent; such order to remain in effect until an ordinance was passed in lieu of the order. Held, the ordinance was an invalid exercise of the …
Land Title Registration-Effect Of Registration Of Forged Deed And Transfer To Bona Fide Purchaser Under Torrens Act
Michigan Law Review
Plaintiffs, purchasers of land previously brought under Illinois Torrens Act, delivered certificate of title to party under agreement to sell, who forged deed to himself, had certificate issued in his name, and then conveyed to defendants who were good faith purchasers for value. Plaintiffs informed registrar of the forgery after the defendants had bought, and demanded cancellation of the deeds and certificates, and the reissue of a certificate to themselves. The registrar refused, and this petition was brought to compel such action. Held, plaintiffs having voluntarily bought land brought under Torrens system, there was a waiver of any constitutional …
Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess
Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess
Michigan Law Review
In the half century of public regulation of railroads in the United States, regulatory legislation has dealt primarily with functions incident to the operation of existing enterprises. The basic concept has been that railroad corporations as common carriers have voluntarily assumed obligations to the public which the public has a right to require to be performed.
Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris
Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris
Michigan Law Review
The Basis of Relief from Penalties and Forfeitures - The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that …