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Articles 1 - 13 of 13
Full-Text Articles in Law
Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed.
Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed.
Michigan Law Review
The relationship of judge to jury in Michigan condemnation proceedings presents in many ways a merger of some of the problems and questions contained in the relationship of judge to jury in civil trials, and of court to tribunal in administrative law. Theorists as well as the practicing lawyer in Michigan and some other states" may well find in the development of the Michigan condemnation proceeding an interesting example of the growth of a procedure for adjudication, in a context of cross-fire between legislative ideas and judicial interpretation of a constitutional provision.
Gifts - Mistake-Rights Of The Doner, Donee And Their Successors In Interest To Relief, George Re. Parker Iii
Gifts - Mistake-Rights Of The Doner, Donee And Their Successors In Interest To Relief, George Re. Parker Iii
Michigan Law Review
The comment will deal first with three topics, (1) donor's rights against the donee or mistaken transferee, (2) donee's rights against the donor, and (3) rights of an intended donee against the mistaken transferee. This will be followed by a discussion of the problem which arises when the relative rights of more than two parties are involved.
Mortgages - Contribution - Right Of Surviving Tenant By The Entirety To Contribution For Joint Mortgage Debt, Stevan Uzelac S.Ed.
Mortgages - Contribution - Right Of Surviving Tenant By The Entirety To Contribution For Joint Mortgage Debt, Stevan Uzelac S.Ed.
Michigan Law Review
Decedent and his wife held title to certain land as tenants by the entirety. Shortly before decedent's death they jointly incurred an indebtedness of $8000 secured by a mortgage on such land. The proceeds of the loan were used to improve the mortgaged property. After decedent's death his widow, having succeeded to full ownership of the mortgaged land, claimed that she was entitled to contribution from decedent's estate for one-half of the joint mortgage debt upon the property. On the executors' petition for a final distribution decree the lower court denied the widow's right to contribution from the estate. On …
Real Property - Mortgages - Liability Of Mortgagee Of Lessee's Term For Rent, Michael B. Lewiston S.Ed.
Real Property - Mortgages - Liability Of Mortgagee Of Lessee's Term For Rent, Michael B. Lewiston S.Ed.
Michigan Law Review
Respondent leased a building to South Texas Kitchens, Inc., for a term of five years. The lessee became indebted to petitioner and, being unable to meet this obligation, transferred its business assets and lease to petitioner as security. Petitioner was authorized to manage the business and to apply all proceeds to discharge the indebtedness, the transfer to terminate when the debt was fully paid. Petitioner went into possession of the premises and operated the business for about six months, paying the rent during that period. It then vacated the property and ceased making rental payments. Respondent sued petitioner and the …
Restitution - Purchaser's Remedies Where Real Estate Broker Falsely Purports To Be Owner's Agent And Misrepresents Owner's Minimum Price, John W. Simpson
Restitution - Purchaser's Remedies Where Real Estate Broker Falsely Purports To Be Owner's Agent And Misrepresents Owner's Minimum Price, John W. Simpson
Michigan Law Review
Defendant, a licensed real estate broker, represented that he was exclusive agent for the sale of 72 acres of property. Plaintiff made him an offer to purchase at $4,000 per acre, but was later informed by defendant that the owner had rejected the offer, insisting on at least $5,000 per acre. Plaintiff then submitted an offer of $5,000 per acre, which defendant subsequently indicated that the owner had accepted. The deal was consummated with most of the papers handled through a third party employee of defendant. Plaintiff subsequently learned that defendant had never been the agent of the owner, had …
The Minority Doctrine Concerning Direct Restraints On Alienation, Herbert A. Bernhard
The Minority Doctrine Concerning Direct Restraints On Alienation, Herbert A. Bernhard
Michigan Law Review
Restraints on the legal power of alienation which arise by acts of the parties can be classified into three categories: disabling restraints, forfeiture restraints and promissory restraints. A disabling restraint exists when the property involved is under a direction that it shall not be alienated. A forfeiture restraint exists when the property involved will be forfeited upon alienation of the property by the conveyee. A promissory restraint exists when the conveyee has promised not to alienate the property; it may arise out of a covenant either in the conveyance itself or in a separate contract.
Taxation - Federal Income Tax - Lessor's Right To Depreciation Allowances Under Long Term-Lease, E. Roger Frisch S.Ed.
Taxation - Federal Income Tax - Lessor's Right To Depreciation Allowances Under Long Term-Lease, E. Roger Frisch S.Ed.
Michigan Law Review
Plaintiff corporation leased its entire railroad property under a long-term lease subject to termination at the election of either party, or by breach of die lessee. The lessee agreed to preserve, replace, renew and maintain the property during the term and to return it upon termination "in at least as good condition as at the beginning of the term." Plaintiff, on the other hand, agreed to reimburse the lessee for all additions and betterments to the property which passed to him upon termination. The government disallowed plaintiff's claim for a tax refund based on its right to allow for depreciation, …
Inheritance Taxation - Selected Provisions Of Michigan, Illinois And Ohio - A Study In Application And Justification, Edward B. Stulberg S.Ed.
Inheritance Taxation - Selected Provisions Of Michigan, Illinois And Ohio - A Study In Application And Justification, Edward B. Stulberg S.Ed.
Michigan Law Review
This comment will explore the existing variations in four commonly encountered areas: joint interests with rights of survivorship, contingent remainder interests, powers of appointment, and life insurance proceeds. Emphasis will also be placed on treatment accorded the surviving spouse and children and the implicit relationship between such treatment and some of the above areas. The essence of this examination will be to inquire whether adoption of an estate tax would be a more suitable vehicle for implementing a local death tax program.
Restitution - Constructive Trusts - Family Arrangements With Respect To Land Entered Into By Oral Trust, Robert Bruce Nelson
Restitution - Constructive Trusts - Family Arrangements With Respect To Land Entered Into By Oral Trust, Robert Bruce Nelson
Michigan Law Review
A mother, desiring to divide real property among five children, conveyed two of five shares by separate deeds to her daughter, Edith. Although no instructions were written, it was intended that Edith hold one share for her brother, John, who was mentally ill. Edith had no knowledge of the deed to this share at the time, as it was held by another brother, although the deed of her share was delivered to her. It does not appear when Edith first learned of the deed or the trust. When John died she was told of the deed by her other brother, …
Priorities: Ii, Edgar N. Durfee
Priorities: Ii, Edgar N. Durfee
Michigan Law Review
This is the second part of "Priorities" (also known as "Little Nemo") which was taken from Professor Durfee's teaching materials. The first part was published in the February issue-which was dedicated to the memory of Professor Durfee.
Real Property - Easements By Implication - Effect Of The Restatement Of Property, Albert A. Haller S.Ed.
Real Property - Easements By Implication - Effect Of The Restatement Of Property, Albert A. Haller S.Ed.
Michigan Law Review
It is the purpose of this comment to examine the cases involving easements by implication which have appeared since the Restatement was adopted in 1944 to determine the extent to which courts have followed or been influenced by the Restatement or have independently adopted a similar standard.
Priorities, Edgar N. Durfee
Priorities, Edgar N. Durfee
Michigan Law Review
Among those of Edgar Durfee's colleagues who were familiar with this paper it came to be known as "Little Nemo," for a reason that will become apparent to the reader. It is taken from his mimeographed Cases on Security, third edition, published in 1938. Possibly it was published earlier but there is a gap in the evidence. It did not appear in the first edition published in 1934 but no copy of the second edition has been located. In a few places its age shows, for example in the reference to Walsh as the author of the most recent …
Taxation - Federal Income Tax - Involuntary Conversion Treatment Afforded Sale Of Remaining Property After Partial Condemnation, Stevan Uzelac
Taxation - Federal Income Tax - Involuntary Conversion Treatment Afforded Sale Of Remaining Property After Partial Condemnation, Stevan Uzelac
Michigan Law Review
Petitioner owned two parcels of real estate across the street from each other which were used as one "economic unit" for purposes of a trucking terminal. One parcel was improved with a terminal building from which trucks would pick up and deliver their shipments, while the other was used as a parking lot for trucks not in use. Petitioner was forced to sell the parking lot under threat of condemnation. Since it was economically unfeasible to operate his business without a nearby parking lot, petitioner subsequently sold the terminal facilities and reinvested the proceeds from the sales of both properties …