Law Commons^™

Purchaser's Remedies For Absence Of Marketable Title, Lawrence Linville

Michigan Law Review

"Where a person takes upon himself to contract for the sale of an estate, and is not the absolute owner of it, nor has it in his power by the ordinary course of law or equity to make himself so; though the owner offer to make the seller a title, yet equity will not force the buyer to take it, for every seller ought to be a bona fide contractor: and it would lead to infinite mischief if one man were permitted to speculate upon the sale of another's estate."

The apprehensions of Sugden were not groundless, as three quarters …

Landlord And Tenant - Liability Of Subtenant For Rent After Surrender Of Head Lease, Virginia M. Renz

Michigan Law Review

Plaintiff, as assignee of the original lessor, sued the defendant, sublessee, for rent. On September 3, 1930, the head lease was surrendered to the owner, subject to all subleases. The defendant was in possession until about January 4, 1933. At that time he learned of the surrender and vacated the premises. Held, the lessee's surrender of the head lease to the owner did not terminate either the rights or obligations of the sublessee. The doctrine of merger is inapplicable. Metropolitan Life Ins. Co. v. Hellinger, 272 N. Y. 24, 3 N. E. (2d) 621 (1936).

Party Walls - Replacement And Removal, Charles W. Allen

Michigan Law Review

The usual American theory of the rights of adjoining land owners in a party wall is that each owns in severalty that part of the wall on his land and each has an easement of support in that part on the land of the other. If the structure is erected under an express contract, the rights of the parties are determined by the terms of their contract. And when the easement of support is created by prescription, its scope is measured by the prior user, and no right to remove or replace the wall can exist by virtue of the …