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Full-Text Articles in Law
Insurance--1959 Tennessee Survey, William R. Andersen
Insurance--1959 Tennessee Survey, William R. Andersen
Vanderbilt Law Review
What is the meaning of the term "actual cash value" in the standard fire policy? The middle section of the court of appeals, following a prior Tennessee case and the weight of authority, held that the phrase is synonomous with "market value" only where the goods are readily replaceable in a current market. Where there is no market, or where the market value is inadequate to properly indemnify the insured, "actual cash value" means the "'value to the owner' or the loss he suffers in being deprived of the goods." Since the goods involved in this case were personal effects, …
Real Property--1959 Tennessee Survey, Thomas G. Roady, Jr.
Real Property--1959 Tennessee Survey, Thomas G. Roady, Jr.
Vanderbilt Law Review
Future Interests.-The creation of divided interests in real property always carries with it problems in controlling the use and man- agement by the owner of the possessory interest. One of the most difficult problems in future interests is how to adjust the relation between the holder of a present possessory interest and the holder of a future interest in the same parcel of land. In resolving such problems many courts are influenced primarily by the nature (classification) of the future interest involved and have worked out with some degree of certainty the distribution of benefits and burdens in the simple …
Personal Property And Sales--1959 Tennessee Survey, Claude E. Bankester
Personal Property And Sales--1959 Tennessee Survey, Claude E. Bankester
Vanderbilt Law Review
Damage to Chattel in Possession of Mortgagor or Conditional Vendee.--When a chattel is mortgaged or sold pursuant to a conditional sales contract and is subsequently damaged by a third party while in possession of the mortgagor or conditional vendee, it is generally agreed that either party to the chattel mortgage' or conditional sales contract has a sufficient interest in the chattel to allow him to maintain an action against the wrongdoer. In Ellis v. Snell, the court allowed recovery by the mortgagor for the full amount of damage to the'mortgaged automobile, even though he was in default on the mortgage …
Loss Of Citizenship -- Statutory Expatriation, David E. Nelson Jr.
Loss Of Citizenship -- Statutory Expatriation, David E. Nelson Jr.
Vanderbilt Law Review
There is no provision in the United States Constitution which expressly gives or denies Congress a right to deprive a person of, or prescribe a method whereby a person may lose, his citizenship. Yet in the Nationality Act of 1940 Congress provided for the involuntary expatriation of an American citizen upon the intentional commission of one or more of several specified acts. In 1957 three cases involving this statute reached the Supreme Court of the United States. The constitutionality of the section providing for loss of citizenship by voting in a foreign election was upheld; the one providing for loss …
Professional Liability Of Abstracters, Thomas G. Roady, Jr.
Professional Liability Of Abstracters, Thomas G. Roady, Jr.
Vanderbilt Law Review
One of the most vigorous rules in the law of conveyancing is that a vendee of real estate assumes the risk of all defects in title discovered after delivery of the deed. In short, the doctrine of caveat emptor applies with full force to the purchaser and to protect himself as fully as possible he must insist that the transaction proceed in such a manner as to give him recourse against someone should he sustain a loss by reason of the title risk taken or he must proceed in a manner that will eliminate (or at least minimize) the risks …