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Articles 1 - 12 of 12
Full-Text Articles in Law
Real Property-Tax Sales-Title Of Purchaser Of Land Subject To Easement, John J. Gaskell S.Ed.
Real Property-Tax Sales-Title Of Purchaser Of Land Subject To Easement, John J. Gaskell S.Ed.
Michigan Law Review
In an action to enforce a lien for taxes on real property, the defendants counterclaimed, asking for a declaratory judgment as to whether a sale of real property for nonpayment of taxes extinguishes an easement with which the property is burdened. The easement was appurtenant to an adjoining parcel of land. Held, an easement appurtenant is not extinguished by sale of the servient tenement for nonpayment of taxes. District of Columbia v. Capital Mortgage & Title Co., Inc., (D.C. Cir. 1949) 84 F. Supp. 788.
Powell: Real Property, Allan F. Smith
Powell: Real Property, Allan F. Smith
Michigan Law Review
A Review of REAL PROPERTY. Vol. 1. By Richard R. Powell.
Equity-Injunction-Nonconformance Of Lustron House To Building Restrictions, Stephen A. Bryant S.Ed.
Equity-Injunction-Nonconformance Of Lustron House To Building Restrictions, Stephen A. Bryant S.Ed.
Michigan Law Review
Plaintiffs, as landowners in a restricted Detroit subdivision, sought to restrain the defendants from erecting a Lustron house in violation of restrictions limiting construction to full basement, one-family dwellings, costing a minimum of $6,000 and composed of brick, brick veneer, hollow tile or stucco. These restrictions were imposed on all lots in the subdivision by the original owner in 1925. The Lustron house, although costing approximately $7,500, had no basement and was constructed entirely of steel. After agreeing to remove it should the court enforce the restrictions, defendants erected the house. On appeal from a decree granting an injunction, held …
Municipal Corporations-Zoning-Right Of Grantee To Act On Variance Issued To His Grantor, Herbert N. Weingarten
Municipal Corporations-Zoning-Right Of Grantee To Act On Variance Issued To His Grantor, Herbert N. Weingarten
Michigan Law Review
A zoning ordinance prohibited the erection of private garages within twenty feet of the street line. Because of the peculiar shape of the lot in question, a variance was granted to the then owner permitting the building of a garage closer to the street line. However, before the garage was built, the land was sold to the present owner who obtained a building permit and began construction. Plaintiffs, owners of the adjoining lot, objected to the granting of the permit and appealed to the zoning board of review which denied their appeal. On certiorari, held, present owner might act …
Restitution-Improvements-Recovery Under Occupying Claimants Act, John L. Naylor, Jr.
Restitution-Improvements-Recovery Under Occupying Claimants Act, John L. Naylor, Jr.
Michigan Law Review
Plaintiff sought recovery for value of improvements claimed to have been made as an "occupying claimant" as defined by statute. He had dumped dirt and debris into the Missouri River for many years. This dirt and debris came both from his own excavations in the city and from excavations of other contractors who hired him to haul it away. The result was "made land" which plaintiff occupied for several years prior to ejectment by the defendant city. Verdict was directed for defendant, plaintiff appealing. Held, affirmed. "Made land" did not constitute valuable improvements within the meaning of the statute. …
Torts-Attractive Nuisance-Ponds, Lloyd J. Tyler, Jr.
Torts-Attractive Nuisance-Ponds, Lloyd J. Tyler, Jr.
Michigan Law Review
Plaintiff's four-year-old daughter drowned in a pond on defendant's land. The pond was from six to ten feet deep, with extremely steep banks, and contained various forms of marine life and debris. The pond was useless and was eliminated by the defendant soon after the drowning. The defendant knew that at least twenty small children resided in the immediate area and the pond was visible and accessible to them. In a damage action for the death, held, the defendant was liable under the attractive nuisance doctrine. Saxton v. Plum Orchards, Inc., (La. 1949) 40 S. (2d) 791 (1949).
Torts-Liability Of A Landlord For Injuries To Persons On The Premises-Covenant To Repair-Effect Of Repairs Made Under Such Covenant Subsequent To An Injury Caused By Defect Repaired, William M. Myers S.Ed.
Torts-Liability Of A Landlord For Injuries To Persons On The Premises-Covenant To Repair-Effect Of Repairs Made Under Such Covenant Subsequent To An Injury Caused By Defect Repaired, William M. Myers S.Ed.
Michigan Law Review
It is generally agreed that the tort liability of the holder of an estate in land is an incident of occupation or control. However, the courts are not agreed as to the degree of control which will sustain such liability. Neither are their holdings uniform as to the inferences which are to be drawn with respect thereto from the existence of an agreement by a landlord to make repairs or from the act of a landlord in repairing a defect in demised premises under such agreement, subsequent to an injury caused by the defect repaired.
Landlord And Tenant-Interpretation Of Clause In A Lease Providing For Termination In Event Of Destruction Of Premises, Alan C. Boyd
Landlord And Tenant-Interpretation Of Clause In A Lease Providing For Termination In Event Of Destruction Of Premises, Alan C. Boyd
Michigan Law Review
The plaintiff leased property from the defendant for a term of years. The lease provided that the lessor should repair damage from fire and that "the tenancy shall not be terminated unless such repairs shall require more than ninety days." A fire occurred which damaged the property so badly that it could not be repaired within ninety days. The lessor took the position that the tenancy had automatically terminated with the occurrence of the fire. The lessee filed a bill for a declaratory judgment, claiming that under the terms of the lease he had the option either to terminate or …
Trusts And Estates-Accumulations-Setting Aside Reserve For Depreciation On Trust Buildings, Hugh B. Muir
Trusts And Estates-Accumulations-Setting Aside Reserve For Depreciation On Trust Buildings, Hugh B. Muir
Michigan Law Review
Testator created a testamentary trust of several parcels of real property improved with apartment houses, authorizing the trustees to pay the net annual income therefrom to his sons in equal shares. The trust was to terminate when the youngest son attained the age of twenty-one, or, if he died before majority, when the second youngest son attained the age of thirty-seven, or sooner died. Remainder was to the testator's sons living at the termination date or their issue, per stirpes. Testator, while living, had maintained accounting records for the properties in such manner as to reflect an annual charge for …
Procedure-Contempt As Sanction To Enforce Delivery In Replevin, John A. Nordberg
Procedure-Contempt As Sanction To Enforce Delivery In Replevin, John A. Nordberg
Michigan Law Review
In a replevin action in a common pleas court the plaintiff, after filing a $200 bond for property later valued at $900, obtained possession of some household goods of the defendant under a fatally defective writ. On motion of the defendant the court dismissed the action and ordered the property returned. On appeal, plaintiff's action was again dismissed and he was directed to return defendant's goods. He ignored the order and was adjudged guilty of contempt. On appeal in the nature of certiorari from this conviction, held, reversed without prejudice. The order was void since the court had lost …
Real Property-Adverse Possession-Adverseness Of Possession When Possessor Has Not Claimed A Fee, Hugh B. Muir
Real Property-Adverse Possession-Adverseness Of Possession When Possessor Has Not Claimed A Fee, Hugh B. Muir
Michigan Law Review
From 1924 until 1948 plaintiff and her family were in apparent, open and continuous possession of a portion of defendant's lot, without permission, and with the intent to exclude the defendant and all others from possession. Although plaintiff and her family constructed a lawn, gardens, steps and parking space on the premises, the court found that such use was "an incident to her occupancy of the house" on the adjoining lot, and was without any separate claim of title. In 1948, defendant entered and began excavating for the foundation of a house. Plaintiff sought an injunction and damages, resting her …
Finding Lost Goods-Ancient Indian Canoe, Ralph W. Aigler
Finding Lost Goods-Ancient Indian Canoe, Ralph W. Aigler
Michigan Law Review
As a result of a river's change in course, an old Indian canoe buried on certain land was exposed. While swimming in the river, plaintiffs discovered the canoe and told defendant about it. The latter excavated and removed it. The land had been owned by H, who had died many years ago, devising it to his wife for life and then in fee to his daughter. Plaintiffs, intending to exhibit the canoe, paid the wife and her sons ( who had been farming the land) a sum of money for it. In a replevin action, the daughter intervened. Held …