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Full-Text Articles in Law

A Historical Sketch Of The American Recording Acts, P.H. Marshall Jan 1955

A Historical Sketch Of The American Recording Acts, P.H. Marshall

Cleveland State Law Review

The Recording Acts have come into existence primarily to fulfill the "needs" and requirements of the people enacting them - the ultimate need being the protection of the bona fide purchaser for value in a real estate conveyance. However, the requirements of the people throughout the historical development of the law differed greatly. It is quite clear that the fore-running statutes of today's recording acts were based upon a revenue preservation basis rather than the protection of anyone. As land conveyance became more frequent, this pecuniary basis was transformed into a more equitable one, which finally formulated the recording acts …


Standards Of Title Examination, Ohio State Bar Association Jan 1954

Standards Of Title Examination, Ohio State Bar Association

Cleveland State Law Review

Standards of Title Examination adopted in 1952 and 1953 by the Ohio State Bar Association: The primary purpose of standards of title examination is to promote uniformity of practice pertaining to marketability of titles. Standards of title examination have been adopted by the bar associations of seventeen other states. All reports from these states show that the bar welcomes and appreciates the benefits.The scope of the work has been limited by the committee's policy of proposing standards for adoption by the association only where the practice has been diverse and where no substantial doubt as to the law or as …


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?


The Rule Against Perpetuities And Its Application To A Private Trust, Reuben M. Payne Jan 1952

The Rule Against Perpetuities And Its Application To A Private Trust, Reuben M. Payne

Cleveland State Law Review

The creator of a trust of any complexity or length of duration usually attempts to create future contingent interests under the trust, or interests to take effect after the termination of the trust. In making provisions for such contingent future interests, the settlor must be careful to respect the Rule Against Remoteness of vesting, if he would have his trust secure against attack. Thus, if S wishes to create a trust by his will in favor of his children and grandchildren, providing for grandchildren who may be born after S's death, it is obvious that he desires to provide for …