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Articles 1 - 30 of 73
Full-Text Articles in Law
Landlord And Tenant--Assignment Or Sublease, L. L. P.
Landlord And Tenant--Assignment Or Sublease, L. L. P.
West Virginia Law Review
No abstract provided.
Constitutional Law - Due Process - Notice Required To Validate Tax Foreclosure Of Property Of Known Mental Incompetent, Frank M. Lacey S.Ed.
Constitutional Law - Due Process - Notice Required To Validate Tax Foreclosure Of Property Of Known Mental Incompetent, Frank M. Lacey S.Ed.
Michigan Law Review
On May 8, 1952, the town of Somers instituted an action to foreclose a number of tax liens. One of these was upon the property owned by a person known in the community to be a mental incompetent, but who had not yet been so certified by a court. Notice was given to the incompetent taxpayer in compliance with the statute by mail, posting, and publication. When she failed to answer within the prescribed period, foreclosure was entered and a deed to her property delivered to the town. Five days later she was declared a person of unsound mind, and …
Dispositions Of Property To Unincorporated Non-Profit Associations, Harold A.J. Ford
Dispositions Of Property To Unincorporated Non-Profit Associations, Harold A.J. Ford
Michigan Law Review
It now becomes necessary to examine the cases in which the disposition could not be treated as one to the existing members. This treatment will disclose that some courts have been prepared to regard some dispositions to associations as being for the purposes of the association. The only way in which property may be devoted to a purpose without conferring beneficial interests on particular individuals is by a trust. Accordingly in many instances the disposition takes effect as a trust.
Parsons, Penn, Raup: Land Tenure, John C. Payne
Parsons, Penn, Raup: Land Tenure, John C. Payne
Michigan Law Review
A Review of Land Tenure. Edited by Kenneth H. Parsons, Raymond J. Penn and Philip M. Raup.
Morris & Leach: The Rule Against Perpetuities, William F. Fratcher
Morris & Leach: The Rule Against Perpetuities, William F. Fratcher
Michigan Law Review
A Review of The Rule Against Perpetuities By J. H. C. Morris and W. Barton Leach.
Transfers Of Joint Property In Contemplation Of Death: A Call For Immediate Statutory Revision, L. Hart Wright
Transfers Of Joint Property In Contemplation Of Death: A Call For Immediate Statutory Revision, L. Hart Wright
Michigan Law Review
For years the Tax Court sided with the government and the Court of Appeals for the Third Circuit in asserting that the contemplation-of-death provision of the estate tax act was sufficiently elastic to include the tax concept of ownership reflected in the joint-property provision of the same act. The alliance between those tribunals on this point was recently broken, however, when the Tax Court shifted to the competing view supported by taxpayers and the appellate court for the Ninth Circuit. It now believes that the two provisions mentioned above are complete strangers even though at one time these two were …
Dispositions Of Property To Unincorporated Non-Profit Associations, Harold A.J. Ford
Dispositions Of Property To Unincorporated Non-Profit Associations, Harold A.J. Ford
Michigan Law Review
The aim of this article is to examine the ways in which courts in common law countries have given this assistance and the problems they have encountered in regard to property transactions.
Pacific Southwest Development Corp. V. Western P. R. Co. [Dissent], Jesse W. Carter
Pacific Southwest Development Corp. V. Western P. R. Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Procurement of an option agreement to purchase real property was a contract that aided in the purchase or sale of real property and came within the statute of frauds. Absent a written contract, there was no obligation to pay a commission.
Real Property—Liability Of Landlord Out Of Possession, Vincent P. Furlong
Real Property—Liability Of Landlord Out Of Possession, Vincent P. Furlong
Buffalo Law Review
DeClara v. Barber Steamship Lines, 309 N. Y. 620, 132 N.E. 2d 871 (1956).
Real Property—Licensee, John G. Putnam Jr.
Real Property—Licensee, John G. Putnam Jr.
Buffalo Law Review
People v. Horowitz, 309 N. Y. 426, 131 N.E. 2d 715 (1956).
Personal Property And Sales -- 1956 Tennessee Survey, J. Allen Smith
Personal Property And Sales -- 1956 Tennessee Survey, J. Allen Smith
Vanderbilt Law Review
The Right to Possession: In Shirley v. State' the Supreme Court of Tennessee held that a county court clerk could not be required to return money illegally gained by participation in a gambling game, which money had been confiscated by the sheriff and turned into court. Despite a theoretical difficulty arising from the absence in Tennessee of a statute authorizing forfeiture of gambling funds, the decision invoked the equitable principle that courts will not assist persons violating the law. For its result, the court relied in considerable measure on the New York case of Hofferman v. Simmons, which involved a …
Restitution -- 1956 Tennessee Survey, John W. Wade
Restitution -- 1956 Tennessee Survey, John W. Wade
Vanderbilt Law Review
The pervasive principle of Restitution--that "A person who has been unjustly enriched at the expense of another is required to make restitution to the other"'--makes use of many remedies, both at law and in equity. This year's Restitution cases will be classified according to the nature of the remedy.
One who pays the obligation of another may be entitled to indemnity, if he has not acted officiously. He may also be entitled to the remedy of subrogation, permitting him to "step into the shoes" of the person to whom, he paid and enforce any lien or right which that person …
Real Property -- 1956 Tennessee Survey, Herman L. Trautman
Real Property -- 1956 Tennessee Survey, Herman L. Trautman
Vanderbilt Law Review
Bona Fide Purchases Without Notice: There were two cases, First Federal Savings and Loan Ass'n v. Dearth' and Harris v. Buchignani, decided during the year which concerned the title acquired by a purchaser of real property without actual notice of an unrecorded interest. The first of the above cases concerned a purchaser from the heir of the deceased record owner, and the second concerned a purchaser from a record owner who had previously executed a contract of sale which was not recorded. Both cases originated in Memphis.
Just Compensation And The Navigation Power, William J. Powell
Just Compensation And The Navigation Power, William J. Powell
Washington Law Review
The fifth amendment of the United States Constitution commands that private property shall not be taken for public use without just compensation. Many cases involve the issue of what constitutes just compensation for particular private property which has been taken. Few guiding principles have been formulated, other than a general proposition that just compensation is based upon the market value of the property with due consideration of all its available uses. The amount assessed under the above formula cannot be enhanced by any special use of the property to the Government, because just compensation means the amount of loss to …
Creditors' Rights And Security Transactions -- 1956 Tennessee Survey, Paul J. Hartman
Creditors' Rights And Security Transactions -- 1956 Tennessee Survey, Paul J. Hartman
Vanderbilt Law Review
Possession of Land Under Contract of Sale as Notice to Subsequent Purchaser of the Land: There is a security transaction facet in the ejectment case of Harris v. Buchignani,' decided by the Tennessee Supreme Court, which should be given some attention. In that case, by clear implication, the court put forth some disturbing doctrine relative to priorities under the Tennessee recording statute. Without specifically mentioning it, the court appears to have disavowed and repudiated the doctrine that possession of property inconsistent with the record title holder is notice to a subsequent deed of trust lender so as to prevent the …
People Ex Rel. Department Of Public Works V. Dunn [Dissent], Jesse W. Carter
People Ex Rel. Department Of Public Works V. Dunn [Dissent], Jesse W. Carter
Jesse Carter Opinions
A trial court improperly struck a witness's evidence and instructed the jury to disregard all of his testimony regarding a lease because the lease was a proper element for consideration in a determination of compensation for a taking of property.
Property--Joint Tenancy--Effect Of Murder On The Right Of Survivorship, W. A. K.
Property--Joint Tenancy--Effect Of Murder On The Right Of Survivorship, W. A. K.
West Virginia Law Review
No abstract provided.
Deeds Of Trust--Obligation Due Prior To 1921--Sale Not Barred By Statute Of Limitations, C. M. C.
Deeds Of Trust--Obligation Due Prior To 1921--Sale Not Barred By Statute Of Limitations, C. M. C.
West Virginia Law Review
No abstract provided.
Model Will, With Explanatory Comments, Of The Father Of A Closely-Knit Family Group, Designed To Minimize Family Estate And Income Taxes, William J. Bowe
Model Will, With Explanatory Comments, Of The Father Of A Closely-Knit Family Group, Designed To Minimize Family Estate And Income Taxes, William J. Bowe
Vanderbilt Law Review
I, Marital Deduction Sprinkle, of Special Power, Tax haven, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all wills and codicils heretofore made by me.
Tangible Personal Property
All of my tangible property of every nature and wheresoever situated, except any such property being used by any business in which I may be interested, I give and bequeath to my wife, Mary, outright, if she survives me; if she fails to survive me, I give and bequeath said personal property to those of my …
Creditors' Rights, Rex M. Walker
Creditors' Rights, Rex M. Walker
Washington Law Review
Covers cases on declaration of homestead—excess value subject to judgment lien—good faith declaration.
Real Property, Donald Louis Johnson
Real Property, Donald Louis Johnson
Washington Law Review
Covers cases on the power of revocation and on the status of the rule against undue postponement of enjoyment.
Marriage In The Conflict Of Laws, Charles W. Taintor, Ii
Marriage In The Conflict Of Laws, Charles W. Taintor, Ii
Vanderbilt Law Review
It must first be recognized that three different types of problems are raised in this field by what purport to be marriages: problems concerning the creation of the relationship of man and wife; those concerning the method whereby the parties signify their consents to the assumption of the relationship; and those concerning the legal protection accorded to claims arising therefrom. These involve, respectively, the status, the ceremony, and the incidents' of marriage.
It has often been said or assumed in the past that the laws of the domicile or domiciles of the parties at the time of the ceremony govern …
Agency (Survey Of Virginia Case Law - 1955), Frank V. Emmerson
Agency (Survey Of Virginia Case Law - 1955), Frank V. Emmerson
William and Mary Review of Virginia Law
No abstract provided.
Real And Personal Property (Survey Of Virginia Case Law - 1955), John Lee Darst
Real And Personal Property (Survey Of Virginia Case Law - 1955), John Lee Darst
William and Mary Review of Virginia Law
No abstract provided.
The Installment Land Contract As A Junior Security, E. George Rudolph
The Installment Land Contract As A Junior Security, E. George Rudolph
Michigan Law Review
It is the purpose of this paper to explore the problems of one group whose members are increasingly, and more or less as a matter of necessity, finding themselves in the role of mortgagees, or vendors under installment purchase contracts, although they do not fit the assumed pattern. This group consists of persons who own homes subject to existing mortgages and for one reason or another decide to sell. The existing mortgages may be insured by the Federal Housing Administration or by the Veterans Administration or they may be uninsured mortgages held by building and loan associations or other financial …
Descent And Distribution - Effect Of Advancements, Debts And Releases When Expectant Distributee Predeceases Intestate, Eric E. Bergsten
Descent And Distribution - Effect Of Advancements, Debts And Releases When Expectant Distributee Predeceases Intestate, Eric E. Bergsten
Michigan Law Review
The law of advancements is part of the law of intestate succession. But the right of retainer, which allows an offset against a distributee's share of the estate for a debt owed by the distributee to the decedent, is merely a method of debt collection and historically has not been considered as a part of the law of inheritance. For this and other reasons, the law applicable to advancements in this situation is better treated separately from that concerning debts of predeceased expectant heirs. There are also sufficient differences between the treatment given a release and that of either an …
Future Interests - Restraints On Alienation - Validity Of Pre-Emptive Provision, Julian Linde
Future Interests - Restraints On Alienation - Validity Of Pre-Emptive Provision, Julian Linde
Michigan Law Review
Defendant purchased a strip of land lying between his residence and the plaintiff's for $2,550. Immediately thereafter and pursuant to a prior understanding, he conveyed the west half to plaintiff for one half the price he paid for the entire tract. As a part of this transaction it was agreed that should either party desire to sell his portion of the lot at any time in the future, he would first offer it to the other at its original cost plus any amounts expended for improvements. When defendant was offered $3,500 for his half seven years later, he disregarded this …
Ejectment--"Common Grantor" And "Common Source" Distinguished, C. M. C.
Ejectment--"Common Grantor" And "Common Source" Distinguished, C. M. C.
West Virginia Law Review
No abstract provided.
Financing Construction On Long Term Leasehold Estates, Douglass G. Boshkoff
Financing Construction On Long Term Leasehold Estates, Douglass G. Boshkoff
Buffalo Law Review
No abstract provided.
Slander Of Title, Richard F. Griffin
Slander Of Title, Richard F. Griffin
Buffalo Law Review
Albertson v. Roboff, __ Cal. __, 287 P. 2d 145 (1955).