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Property Law and Real Estate

Cleveland State University

Journal

Deed

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Due Care In Drafting Real Property Descriptions, Dean T. Lemley Jan 1958

Due Care In Drafting Real Property Descriptions, Dean T. Lemley

Cleveland State Law Review

A long, detailed description may be exasperating to the engineer, attorney, or title examiner when preparing and checking the deed, but it is not nearly so exasperating as is a long, detailed, and expensive law suit to the client. Identity of land is the sole purpose of the description, and the authorities are endless that nothing will pass by a deed except what is described in it, whatever the intentions of the parties may have been.


A Note On Racial Restrictions, William R. Kinney Jan 1953

A Note On Racial Restrictions, William R. Kinney

Cleveland State Law Review

In view of the holding in the Shelley case, can the grantor in a deed have recourse to the courts to enforce a stipulated penalty contained in a discriminatory racial covenant (such as payment of damages or forfeiture of title) if the enforcement of such penalty does not directly involve the constitutional rights of third persons?