Law Commons^™

Modern Tendency Toward The Protection Of The Aesthetic, V. V. C.

West Virginia Law Review

No abstract provided.

Estoppel By Deed--Conveyance Of Interest Subsequently Acquired As Heir--Warranty In Quitclaim Deed As Basis For Estoppel, J. H. H.

West Virginia Law Review

No abstract provided.

Eminent Domain - Public Housing And Slum Clearance As A "Public Use", Wayne E. Babler

Michigan Law Review

The recent legislation providing for housing and slum clearance raises the interesting and practical problem of whether a taking of land for such housing and slum clearance purposes by means of an eminent domain proceeding is condemnation for a "public use," within the meaning of that term in eminent domain proceedings. Such a taking was held to be for a public use in the recent case of Spahn v. Stewart.

Purchaser's Remedies For Absence Of Marketable Title, Lawrence Linville

Michigan Law Review

"Where a person takes upon himself to contract for the sale of an estate, and is not the absolute owner of it, nor has it in his power by the ordinary course of law or equity to make himself so; though the owner offer to make the seller a title, yet equity will not force the buyer to take it, for every seller ought to be a bona fide contractor: and it would lead to infinite mischief if one man were permitted to speculate upon the sale of another's estate."

The apprehensions of Sugden were not groundless, as three quarters …

Principal And Agent - Liability Of Agent To Third Party For Contract Made Without Authority, Walter Probst Jr.

Michigan Law Review

The defendant conducted a real estate agency and had been requested from time to time to find a purchaser for a certain tract of land. The defendant negotiated to sell this land to the plaintiffs, who knew the defendant was acting as an agent. The land had before the time of this negotiation been conveyed to a third party by the principal. It was found that the defendant was acting in good faith. Held, that the defendant was not personally liable for the loss and damage sustained by the plaintiffs. King v. Russell, 278 Mich. 529, 270 N. …

Landlord And Tenant - Liability Of Subtenant For Rent After Surrender Of Head Lease, Virginia M. Renz

Michigan Law Review

Plaintiff, as assignee of the original lessor, sued the defendant, sublessee, for rent. On September 3, 1930, the head lease was surrendered to the owner, subject to all subleases. The defendant was in possession until about January 4, 1933. At that time he learned of the surrender and vacated the premises. Held, the lessee's surrender of the head lease to the owner did not terminate either the rights or obligations of the sublessee. The doctrine of merger is inapplicable. Metropolitan Life Ins. Co. v. Hellinger, 272 N. Y. 24, 3 N. E. (2d) 621 (1936).

Measure Of Damages For Fraud In The Sale Of Real Property

Indiana Law Journal

Recent Case Notes

Deficiency Judgments, Phelps F. Darby

Indiana Law Journal

No abstract provided.

Mortgages-Release-Farmers & First Nat. Bank Of New Castle V. Citizens State Bank Of New Castle Priorities

Indiana Law Journal

No abstract provided.

Adverse Possession-Title To Cavern Claimed And Held Under Mistake

Indiana Law Journal

No abstract provided.

Landlord And Tenant--Holding Over--Implied Tenancy, J. G. Mcc.

West Virginia Law Review

No abstract provided.

Mines And Minerals--Mining By Mortgagor In Possession--Rents And Profits Under Mineral Lease, C. A. P. Jr.

West Virginia Law Review

No abstract provided.

Assessment Of Real Property For Taxation, Kenneth K. Luce

Michigan Law Review

A taxpayer's suit to have the assessment on his real property lowered raises some of the oldest and most troublesome problems in the law of taxation. Invariably both the taxpayer and the government are in position to present convincing evidence and forceful argument regarding the fairness of the assessment. Moreover, to the lawyer the problems of appellate review involved in the taxpayer's suit are exceedingly complex. Except in the case of the public utility, the administrative process usually begins with the fixing of the assessment by the local assessing official. From his decision the taxpayer may in most jurisdictions appeal …

Adverse Possession - Tacking Possessions Of Land Not Included In Deed - Michigan Rule, Michigan Law Review

Michigan Law Review

By agreement with plaintiffs' predecessor in title, defendants' grantor set out a hedge on what both parties believed to be the true dividing line between their respective lots but which was in fact seven feet south of the true line. Defendants' grantor occupied the strip up to the hedge for ten years and then sold the lot to defendants, at the time of sale pointing out to them the piece of property believed to be the lot he was selling. He delivered possession and a deed which did not include the seven-foot strip within its calls. Six years later plaintiffs …

Air Law - Legal Status Of Airplane Flight, Philip A. Hart Jr.

Michigan Law Review

The classical statement of the extent of the landowner's right to the air space above his land is the maxim, Cujus est solum ejus est usque ad coelum. It is recognized, however, that decisions stating such a rule are not in point upon the status of air navigation today, for when those decisions were rendered flights were made in fancy only. Hence it is that all cases deciding this modern problem have disregarded the literal meaning of this maxim and tried to strike a compromise between the claims of air navigation and the claims of ownership. Three theories have …

Fixtures - Gasoline Station - Rights Of Tenant To Remove, Michigan Law Review

Michigan Law Review

Defendant leased a vacant lot from the plaintiff for a three-year period, to use as a gasoline station site. The lease, a filled-in printed form, supplied and drawn up by the defendant was silent as to which of the parties would erect the building, but stipulated that the lessee agreed to keep the premises, including equipment and fixtures of every nature, in good repair, would insure them, and at the end of the term "yield and deliver up the same in like condition as when taken." It also provided that the lessor would rebuild in the event of fire. Defendant …

Landlord And Tenant - Disability To Recover Rent For Failure To Comply With Tenement Law, Theodore R. Vogt

Michigan Law Review

A Connecticut statute provides: "No building constructed as . . . a tenement house shall be occupied . . . until the issuance of a certificate . . . that said building conforms . . . to the requirements of this chapter . . . . " (Section 2592.) It is further provided (Section 2593): "If any building . . . be occupied . . . in violation of the provisions of section 2592, during such unlawful occupation no rent shall be recoverable by the owner or lesee . . . and no action or special proceedings shall be maintained …

Quasi-Contracts - Use And Occupation - Recovery Of Benefits Received By A Trespasser, Walter Probst Jr.

Michigan Law Review

The defendant had discovered and developed by considerable advertising the Great Onyx Cave in Kentucky. After a survey ordered in an earlier equity proceeding it was discovered that one-third of the cave was under plaintiff's land. The only opening was upon defendant's land. Through this opening had entered a large number of visitors who had paid the defendant admission fees for the privilege. Held, plaintiff could recover in assumpsit one-third of the net profits earned by the defendant from the cave. Edwards v. Lee's Admr., (Ky. 1936) 96 S. W. (2d) 1028.

The Right Of Subsequent Creditors To Set Aside A Fraudulent Conveyance, M. E. L., E. W. E.

West Virginia Law Review

No abstract provided.

Party Walls - Replacement And Removal, Charles W. Allen

Michigan Law Review

The usual American theory of the rights of adjoining land owners in a party wall is that each owns in severalty that part of the wall on his land and each has an easement of support in that part on the land of the other. If the structure is erected under an express contract, the rights of the parties are determined by the terms of their contract. And when the easement of support is created by prescription, its scope is measured by the prior user, and no right to remove or replace the wall can exist by virtue of the …

Bankruptcy - Corporate Reorganization - Plan - Adequate Protection Of Claims - Due Process, Erwin S. Simon

Michigan Law Review

In proceedings for reorganization under Section 77B of the Bankruptcy Act, the debtor held real property valued at $245,025, while outstanding against the property there were first mortgage bonds of $445,000, second mortgage notes for $40,250 and a third mortgage note for $27,000. The court confirmed a plan which made no provision for junior lienors or stockholders, and to which they had not given their consent. On certiorari, granted by the Supreme Court, it was held, that since there was no equity in the property above the first mortgage, the claims of the junior lienors and stockholders had no …

Easements - Right To Lay Additional Pipes, Michigan Law Review

Michigan Law Review

Defendants had granted to the city of Lynchburg an easement to "lay, construct, operate, inspect, repair and perpetually maintain water or conduit lines with all the necessary fixtures and appurtenances . . . " Pursuant to this grant, the city had laid down a conduit of redwood staves which has now decayed. In this action, the city seeks to enjoin the defendants from interference with the laying down of a new cast-iron conduit which would require the utilization of an additional six feet of land. Held, that the parties had defined their rights under an indefinite grant, and the …

Constitutional Law - Anti-Deficiency Judgment Statutes In Foreclosure Actions - Impairment Of Contract, Elbridge D. Phelps

Michigan Law Review

Plaintiff instituted a proceeding on a judgment bond which was secured by a real estate mortgage, both of which had been executed by defendants, caused judgment to be entered on the bond, and procured the issuance of a writ of execution under which the mortgaged premises were sold. Thereafter, under the provisions of the state Mortgage Deficiency Judgment Act, defendants procured a satisfaction of the judgment in toto. After entry of such satisfaction, plaintiff filed a petition upon which the court granted a rule on defendants to show cause why the satisfaction should not be stricken. From an order dismissing …

Restatement Of The Law Of Property, Leon H. Wallace

Indiana Law Journal

No abstract provided.

Municipal Corporations - Constitutional Limitation On Indebtedness - Delinquent Taxes As Deductible Asset, Emma Rae Mann

Michigan Law Review

Plaintiff taxpayer sued to enjoin defendant city from borrowing $500,000 for general public improvements, alleging that if, the city so obligated itself it would be indebted beyond the limit fixed by the constitution at two per cent of the assessed valuation of taxable property. Defendant showed that such limit would not be exceeded if two-thirds of the outstanding delinquent taxes were regarded as deductible. The court denied the injunction and held that since collection of at least two-thirds of such outstanding delinquent taxes was certain this item was properly deductible. Ward v. Pittsburgh, 321 Pa. 414, 184 A. 240 …

Covenants Running With The Land - Union Trust Company V. Rosenburg

Maryland Law Review

No abstract provided.

Divisibility Of Covenants In Oil And Gas Leases, Hiram H. Lesar

Kentucky Law Journal

No abstract provided.

Power Of Appointment--Appointed Property As Assets Of The Donee, Charlie Tignor

Kentucky Law Journal

No abstract provided.

Statutory Regulation Of Spite Fences In American Jurisdictions, Joseph S. Freeland

Kentucky Law Journal

No abstract provided.

Eminent Domain -Valuation Of Land - Evidence Of Potential Use, Donald H. Larmee

Michigan Law Review

The United States Government condemned certain lands of the petitioners on the island of Oahu for a federal public purpose. Although the owners of the lands had for many years used them mainly for cattle raising, they had in view the ultimate use of them for the growing of sugar cane. The petitioners offered to prove that over 3,000 acres of the tract were suitable for the growing of sugar cane due to the climate and contour of the land. They further offered to prove that on other lands owned by them a water source was available from which water …