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Articles 1 - 30 of 36
Full-Text Articles in Law
Mechanics' Liens - Property Subject To Liens - Easements
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
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
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.
Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact
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
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
Michigan Law Review
A review of THE LEGAL ELEMENTS OF BOUNDARIES AND ADJACENT PROPERTIES. By Ray Hamilton Skelton, C.E.
Bailment - Contest Between A Garage Man Claiming A Lien For Repairs And A Prior Chattel Mortgagee
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.
Easements-Way Of Necessity-Sale Of Servent Estate To Bona Fide Purchaser Without Notice
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 …
Fixtures - Conditional Sale-Mortgage- Rights Of Parties
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.
Mortgages-Assumption-Liability Of Grantees To Mortgagor
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 …
Deeds-Delivery In Escrow-Effect On Income Tax
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 …
Mortgages - Effect Of Extension Of Time To Mortgagor
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, …
Torts-Defective Trees-Duty Of Abutter
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.
Trusts-Right Of Trustee To Purchase Trust Property
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 …
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
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 …
Landlord And Tenant-Interference With Possession Of Tenant As Basis For Suit By Landlord-Injunction
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
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
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
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 …
Adverse Possession-Interests Thereby Created And Extinguished
Adverse Possession-Interests Thereby Created And Extinguished
Michigan Law Review
One F., the owner of premises, executed a lease thereof to T. from year to year. A. took possession under T. as a tenant at will, and remained for more than the period of the statute of limitations. (Under the applicable statute the possession of a tenant at will becomes adverse after the first year.) F. then died and the land was sold by the executors to T. Upon T's death, plaintiff, his successor in interest, brought action to recover possession from the widow of A. who had recently died. The defendant claimed that since she was entitled to notice …
Adverse Possession-Grantor Against Grantee-Requirement Of Notice
Adverse Possession-Grantor Against Grantee-Requirement Of Notice
Michigan Law Review
Plaintiff owning a fee deeded it to his wife in 1893. The wife died in 1911, and plaintiff continued lo reside on the land ever since. Shortly after the wife's death plaintiff told defendants, his daughters, that he and his wife had held the land by" entirety, and that he was, therefore, the sole owner by right of survivorship. Defendants never learned of the deed to the wife until the instigation of this suit. Plaintiff claimed that he had reacquired ownership by adverse possession, and brought a bill to cancel the deed to his wife and remove the cloud from …
Negligence-Spread Of Fire-"New York Rule."
Negligence-Spread Of Fire-"New York Rule."
Michigan Law Review
The properties of plaintiff and defendant were separated by a city street. While filling a gasoline tank on his premises defendant allowed the tank to overflow, the escaping gasoline ignited, the fire spread to a warehouse on defendant's property and thence, across the street, to plaintiff's buildings. Held, that the negligence of the defendant was the proximate cause of the injury to the plaintiff, within the so-called "New York Rule" of limited liability in such cases, inasmuch as the titles of the two parties ran to the center of the street. Homac Corporation v. Sun Oil Co., 244 …
Bailment-Fungible Goods-Conversion
Bailment-Fungible Goods-Conversion
Michigan Law Review
Defendant conducted a grain elevator business, storing grains of like quality in one common bin. During a period of several months, the total grain on hand in the elevator was insufficient to meet all outstanding storage receipts. Previous to the plaintiff's demand, the defendant acquired sufficient grain to meet all outstanding claims. Held, the conversion was "cured." State ex rel. Hermann v. Farmers' Elevator Co. et al. ("N.D. 1930) 231 N.W. 725.
Landlord And Tenant-Liability For Taxes
Landlord And Tenant-Liability For Taxes
Michigan Law Review
Defendant, a lessee, covenanted to pay all taxes assessed against the property. After having been transferred to several parties successively, the lease was surrendered on April 7, 1928, to the original lessor, under an agreement providing that, "the original lessee, and its assigns, shall be released from all further obligations imposed upon lessee in said lease contract." Taxes which had become a. lien. on the property by assessment Jan. 1, 1928, were due in three equal installments payable the following April 15th, July 15th, and Oct. 15th, respectively, Upon the failure of the original lessee to pay the taxes, the …
Sales-Passage Of Title Before Payment Of Purchase Price
Sales-Passage Of Title Before Payment Of Purchase Price
Michigan Law Review
In January, S agreed to sell his business to the plaintiff, who went into possession, took over the lease, and operated the business. He did not have sufficient money to pay the purchase price at the time, and no bill of sale was given. A creditor of S took judgment on a promissory note made by S, of the existence of which note the plaintiff first became aware in February, and levied execution on the goods in the store. The plaintiff filed a claim of property. Held, that there was no sale at the time of the transfer of …
Contracts--Risk Of Loss Under Executory Land Contract--Disposition Of Insurance Process.
Contracts--Risk Of Loss Under Executory Land Contract--Disposition Of Insurance Process.
Michigan Law Review
When buildings, which are part of the subject matter of an executory contract for the sale of land, are accidentally destroyed by fire, there immediately arises the question of who, as between the vendor and the purchase, shall bear the loss. The majority of courts in this country place it on the purchaser. This was the result reached in the leading English case of Paine v. Meller and has been adopted in the following states: California, Indiana, Iowa, Kentucky, Louisiana, Maryland, Missouri, Montana, Nebraska, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota and West Virginia. …
Deeds-Side Of Lake As Boundary-Presumption That Grantee Takes To Center
Deeds-Side Of Lake As Boundary-Presumption That Grantee Takes To Center
Michigan Law Review
ln a conveyance of land adjoining a lake, the description read in part, "thence running northerly * * * to the Rockland Lake thence westwardly along the south side of the Rockland Lake." Held, that the grantee took to the center of the lake. White v. Knickerbocker Ice Co. et al. (N. Y. 1930) 172 N.E. 452.
Easements-Creation By Implied Reservation
Easements-Creation By Implied Reservation
Michigan Law Review
The owner oi a tract of land subdivided it into five lots and saved a twelve-foot strip for a driveway along the rear of each, making the lots accessible from a side street. The plaintiff and the defendant were purchasers of two of these lots. Some time after the sale of the defendant acquired all the original owner's interest in the driveway by a quitclaim deed and immediately began to erect a garage on the drive, thus preventing the plaintiff from using it. Held, that an easement arose by implied grant and that the plaintiff was, therefore, entitled to …
Trusts-Devices For Defeating Rights Of Creditors
Trusts-Devices For Defeating Rights Of Creditors
Michigan Law Review
Attempts to protect property rights from the claims of creditors are faced at common law with the initial objection that restraints on the power of alienation are wholly ineffective. An exception has been recognized in this country in the case of equitable interests for life or for years. This exception, criticized severely at the time it was first recognized, has established itself in the law of most states in this country, though rejected in two jurisdictions.