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Full-Text Articles in Law

Statute Of Frauds-Specific Enforcement Of Oral Contract To Convey Land-Part Performance Dec 1931

Statute Of Frauds-Specific Enforcement Of Oral Contract To Convey Land-Part Performance

Indiana Law Journal

No abstract provided.


Mechanics' Liens - Property Subject To Liens - Easements Dec 1931

Mechanics' Liens - Property Subject To Liens - Easements

Michigan Law Review

The Ford Motor Company held a right of way across certain railroad tracks from a street to its plant, and contracted with B to build an underpass and grade separation from the street and under the tracks. Before full performance, the Ford Company discharged B and completed the work itself. Numerous materialmen claimed mechanics' liens for supplies furnished B. Held, the right of passage was an easement appurtenant to the Ford plant and not lienable as such, because severance from the dominant estate would extinguish the easement. A lien on the underpass as a building on the land of …


Corporations - Power To Dispose Of Realty Dec 1931

Corporations - Power To Dispose Of Realty

Michigan Law Review

A cattle company, authorized by its charter to deal only in live stock, was in possession of three tracts of land. Upon a decision of the stockholders and directors to dissolve, two of these tracts were sold outright. The third, being near a large city, was subdivided into city lots with streets, sidewalks, water, lights, etc., for the purpose of a more advantageous sale. This involved the expenditure of considerable sums of money, and at the end of four years some of the lots were still unsold. The corporation became insolvent and the receiver refused to pay the money borrowed …


Easements - Ways Appurtenant- Requirement Of Contiguity Dec 1931

Easements - Ways Appurtenant- Requirement Of Contiguity

Michigan Law Review

The respondent, in a proceeding to register title, claimed a right of way appurtenant over the land of the petitioner. The tracts in question were separated by a strip of plowed land belonging to a third party and it was argued that, since one terminus of the way did not touch on the respondent's land, the claim should be denied. Held, however, that the way was appurtenant to the close even though the servient estate was not adjacent to the dominant. Jones v. Stevens (Mass. 1931), 177 N.E. 91.


Equity--Quieting Title--Constitutionality Of Statute Removing Requirement Of Actual Possession By Plaintiff, Jeff B. Fordham Dec 1931

Equity--Quieting Title--Constitutionality Of Statute Removing Requirement Of Actual Possession By Plaintiff, Jeff B. Fordham

West Virginia Law Review

No abstract provided.


Landlord And Tenant--Taxation On Improvements, William Callahan Dec 1931

Landlord And Tenant--Taxation On Improvements, William Callahan

West Virginia Law Review

No abstract provided.


Bailment - Contest Between A Garage Man Claiming A Lien For Repairs And A Prior Chattel Mortgagee Dec 1931

Bailment - Contest Between A Garage Man Claiming A Lien For Repairs And A Prior Chattel Mortgagee

Michigan Law Review

K purchased an automobile, giving his note secured by a chattel mortgage on the car. P purchased the note. Subsequently, K took the car to the garage of D for repairs. D made the necessary repairs and held the car under claim of a lien. The note was defaulted and P replevied the car. Held, the mortgagor could not contract a debt giving rise to a lien superior to that of the mortgage without the consent of the mortgagee; hence, P recovered. Cleveland Auto Top & Trimming Co. v. American Finance Co. (Ohio 1931) 177 N.E. 217.


Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact Dec 1931

Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact

Michigan Law Review

Plaintiff sued in Ohio to set aside a deed of Ohio land given by the plaintiff, a resident of that state, in exchange for Texas lands deeded by the defendant who was also a resident of Ohio, for mistake as to defendant's title to the Texas land resulting from a Texas statute of which both parties were ignorant at the time of the transaction. Held, a mistake of foreign law is a mistake of fact authorizing equitable relief. Miller v. Bieghler, 123 Ohio St. 227, 174 N.E. 774 (1931).


Crimes - Burglary - Structures Subject To Dec 1931

Crimes - Burglary - Structures Subject To

Michigan Law Review

The defendant broke and entered a frame poultry house. Held, the indictment for burglary was sufficient under the statute denouncing the breaking and entering of uninhabited dwelling houses or other buildings. Stover v. State, 37 Ohio App. 213, 174 N.E. 613 (1930).


A Law Book By An Engineer Dec 1931

A Law Book By An Engineer

Michigan Law Review

A review of THE LEGAL ELEMENTS OF BOUNDARIES AND ADJACENT PROPERTIES. By Ray Hamilton Skelton, C.E.


Real Property-Future Interests-Rights Of Unborn Child Nov 1931

Real Property-Future Interests-Rights Of Unborn Child

Indiana Law Journal

No abstract provided.


The Rights Of Japanese And Chinese Aliens In Land In Washington, Jack D. Freeman Jul 1931

The Rights Of Japanese And Chinese Aliens In Land In Washington, Jack D. Freeman

Washington Law Review

Here on the Pacific Coast the question of what rights a Japanese or Chinese alien can acquire in real property is of vital importance. A glance into the early law in regards to the rights of aliens in general will serve as an introduction to the problem. The early English common law would not allow an alien to hold land because of the poor policy of permitting the holding of land by one who owed allegiance to another sovereign. This was evaded by a system of uses and trusts. The early American law was the same. Again a system of …


Easements-Way Of Necessity-Sale Of Servent Estate To Bona Fide Purchaser Without Notice Jun 1931

Easements-Way Of Necessity-Sale Of Servent Estate To Bona Fide Purchaser Without Notice

Michigan Law Review

M conveyed a portion of his land to X, through whom the defendant claims, the circumstances being such that X acquired a way of necessity over the land retained by M. X recorded his deed. Later M conveyed his remaining land to H, through whom the plaintiff claims. H was a purchaser for value without notice of the way of necessity. The plaintiff sought to enjoin the defendant from entering his land, and the defendant attempted to justify on the ground of this way of necessity. Held, under the recording acts the plaintiff as a bona fide purchaser took …


Mortgages - Effect Of Extension Of Time To Mortgagor Jun 1931

Mortgages - Effect Of Extension Of Time To Mortgagor

Michigan Law Review

The mortgagor sold part of the mortgaged premises to Morgan and Peters, who assumed the mortgage and agreed to pay the debt. They in turn resold to Jones and Dalton who also assumed the mortgage and agreed to pay the debt. The remainder of the mortgaged premises was sold by the mortgagor to Bursell under a warranty deed free from all incumbrances. The mortgagee at the request of the mortgagor and of Jones and Dalton but without the knowledge of Morgan and Peters extended the time of payment five years. The mortgage remaining unpaid at the end of that time, …


Fixtures - Conditional Sale-Mortgage- Rights Of Parties Jun 1931

Fixtures - Conditional Sale-Mortgage- Rights Of Parties

Michigan Law Review

The plaintiff, holding a real estate mortgage recorded before the defendant's notice of conditional sale, bought in the premises at the foreclosure sale. The defendant claimed plumbing and heating fixtures sold to the mortgagor on a contract of conditional sale, notice of which was properly recorded according to the statute. Held, the defendant's title to the fixtures was not protected as against the plaintiff by the recording under the Massachusetts statute. Waverley Cooperative Bank v. Haner (Mass. 1930) 173 N.E. 699.


Estates--Effect Of Power In Life Tenant To Make Absolute Disposition Of Property--Governing Statute, James W. Simonton Jun 1931

Estates--Effect Of Power In Life Tenant To Make Absolute Disposition Of Property--Governing Statute, James W. Simonton

West Virginia Law Review

No abstract provided.


Mortgages-Assumption-Liability Of Grantees To Mortgagor Jun 1931

Mortgages-Assumption-Liability Of Grantees To Mortgagor

Michigan Law Review

Three successive grantees to a plot of land purchased it subject to a first and second mortgage and assumed the obligation to pay the notes which the mortgages secured. Foreclosure proceedings by the first mortgagee absorbed the entire value of the land. The second mortgagee then extended the time payment on the note to the last grantee without the consent or knowledge of the mortgagor or of the intermediate grantees. Such action released the intermediate grantees from liability on the note, for they were only secondarily liable, but did not release the mortgagor, for he as maker was primarily liable …


Torts-Defective Trees-Duty Of Abutter Jun 1931

Torts-Defective Trees-Duty Of Abutter

Michigan Law Review

While the plaintiff was travelling along the public highway, he was injured by the falling of a decayed tree which stood within twenty feet of the highway upon the adjoining land of the defendant. On sustaining a demurrer to the declaration, the court held that there was no duty upon the rural abutter to inspect the tree. Chambers v. Whelen, et al. (C. C. A. 4th, 1930) 44 F.(2d) 340.


Deeds-Delivery In Escrow-Effect On Income Tax Jun 1931

Deeds-Delivery In Escrow-Effect On Income Tax

Michigan Law Review

A taxpayer, by written contract, had agreed to sell a 99-year leasehold for $195,000. $50,000 was to be paid in 1920, and the balance in 1921. The first payment was made in October, 1920, and a deed put in escrow, to be handed to the grantee on payment of the balance. The transaction was fully carried out as per contract, and the taxpayer was assessed income tax on the entire $195,000 as of 1920. Held, the deed having been delivered in escrow, the title relates back to the original delivery on performance of the condition, showing a completed transaction …


Boundary Agreements-Enforcement When In Existence For A Period Less Than Required To Pass Title By Adverse Possession May 1931

Boundary Agreements-Enforcement When In Existence For A Period Less Than Required To Pass Title By Adverse Possession

Indiana Law Journal

No abstract provided.


Trusts-Right Of Trustee To Purchase Trust Property May 1931

Trusts-Right Of Trustee To Purchase Trust Property

Michigan Law Review

The trustees under a will filed a petition in the district court asking for an order of court authorizing them to sell and convey to two of the trustees a portion of the real estate held by them in trust, and for authority to sell and convey the remainder of the real estate to the husband of one of the trustees. Three of the beneficiaries were not sui juris, and the remaining beneficiaries refused to give their consent. Held, that a trustee can not purchase trust property from himself when the beneficiary is not sui juris or when …


Termination Of Lease Containing Covenant To Repair Or Rebuild By Subsequent Building Code Making Impossible Repair Of Rebuild By Subsequent Building Code Making Impossible Repairs Or Rebuilding Except By More Expensive Structure Apr 1931

Termination Of Lease Containing Covenant To Repair Or Rebuild By Subsequent Building Code Making Impossible Repair Of Rebuild By Subsequent Building Code Making Impossible Repairs Or Rebuilding Except By More Expensive Structure

Indiana Law Journal

No abstract provided.


Deed-Conditions Subsequent-Is An Estate Forfeited On Ceasing To Use Land For Purposes Specified In Grant? Apr 1931

Deed-Conditions Subsequent-Is An Estate Forfeited On Ceasing To Use Land For Purposes Specified In Grant?

Indiana Law Journal

No abstract provided.


Mortgages - Exchange For Deed With Option To Repurchase Or Sell To A Third Person And Take The Excess Of Purchase Money Apr 1931

Mortgages - Exchange For Deed With Option To Repurchase Or Sell To A Third Person And Take The Excess Of Purchase Money

Michigan Law Review

There is no principle more firmly established in equity than the one that the right of redemption constitutes an integral part of every mortgage. Neither by a stipulation in the mortgage itself, nor by any separate contemporaneous agreement, nor by giving a deed intended as a mortgage is it possible for the mortgagor to waive his equitable right to redeem. The application of this principle makes ineffectual the delivery of a deed in escrow at the time the note and mortgage are given, on condition that if the mortgagor does not pay his debt promptly the deed shall be delivered …


Adverse Possession-Possession By Church Corporation Apr 1931

Adverse Possession-Possession By Church Corporation

Michigan Law Review

This was an action in ejectment. The defendant, a church corporation, claimed title to the land in question, which adjoined the church, by virtue of adverse possession. Held, that the rule that a corporation can show possession only by proving formal corporate acts is inapplicable to a church organization, members of which constitute the corporation, and that the acts of the members of the church in using this property to park cars on, for social purposes, etc., were, in effect, corporate acts of the church so as to vest title in that organization. Davy v. Trustees of Protestant Episcopal …


Real Property--Use Of "Descend" In Deed--Word Of Limitation, William J. Moore Apr 1931

Real Property--Use Of "Descend" In Deed--Word Of Limitation, William J. Moore

West Virginia Law Review

No abstract provided.


Landlord And Tenant-Interference With Possession Of Tenant As Basis For Suit By Landlord-Injunction Apr 1931

Landlord And Tenant-Interference With Possession Of Tenant As Basis For Suit By Landlord-Injunction

Michigan Law Review

In the recent case of Petty v. Langan the South Dakota court granted to a landlord an injunction restraining a third party who claimed the right to a lease, "from going upon the land or interfering witμ the right of plaintiff and his tenant to the possession thereof." No authority was cited by the court for the position it took, and the result is hard to square with orthodox views, but the holding appears sound on principle and desirable.


Contracts-Liability Of Assignee For Unfullfilled Duties Of His Assigned Apr 1931

Contracts-Liability Of Assignee For Unfullfilled Duties Of His Assigned

Michigan Law Review

Plaintiff contracted for the sale of lands with H., title being reserved in the plaintiff. The contract purported to bind the assigns of both parties, and contained an acceleration provision in favor of the plaintiff on default of any payment. Under North Dakota law the parties were substantially in the position of vendor-mortgagee and vendee-mortgagor. H then assigned to the defendant who made payments to the plaintiff, and there was also testimony indicating that in the printed form of the assignment defend ant had promised the assignor to assume the duties under the original contract. Upon default and foreclosure sale …


Estates-Tenancy By Entireties--Ability Of Judgment Creditor To Reach Tenant's Interest Apr 1931

Estates-Tenancy By Entireties--Ability Of Judgment Creditor To Reach Tenant's Interest

Michigan Law Review

Shortly after the plaintiff's judgment had been docketted and a fruitless attempt made to have it satisfied, the defendant and his wife became devisees of some land, holding it as tenants by entireties. Knowing his wife to be in poor health and fearing he might survive her, the defendant persuaded her to join in a conveyance to their granddaughter for only a nominal consideration. Both women were unaware of the defendant's real motive, but the defendant himself understood the effect of what he was doing and was anxious to place the land beyond the plaintiff's reach. Held, that the …


Property-Meander Lines As Boundaries Mar 1931

Property-Meander Lines As Boundaries

Michigan Law Review

In a recent decision the supreme court of Michigan has considered anew, and with refreshing insight, the significance of a meander line as a boundary. The case arose on a bill to foreclose a land contract to which the defendant filed a cross-bill alleging fraud in the sale. The property which abutted on Lake Michigan was represented by plaintiff's agent as extending to a point about one hundred feet from the shore of the lake. The meander line was two hundred seventy-seven feet from the water's edge. On the theory that the plaintiff had no interest in the strip between …