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Articles 1 - 30 of 38
Full-Text Articles in Law
Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers
Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers
Michigan Law Review
In a recent Michigan case it appeared that for more than the statutory period of limitation the plaintiff railroad had maintained a right-of-way over land to which the defendant held the record title. A decree quieting title in fee simple absolute in the plaintiff railroad was sought in order to determine the ownership of the oil and gas underlying the right-of-way. The court held that the railroad acquired by adverse user of the right-of-way no title to the oil and gas or other minerals beneath the surface of the land.
Easements--Location When Not Definitely Described, H. P. S.
Easements--Location When Not Definitely Described, H. P. S.
West Virginia Law Review
No abstract provided.
Deeds - Exceptions And Reservations - Use Of Extrinsic Evidence To Interpret Uncertain Exceptions - Exception To Grant Described In Document To Be Drawn, Michigan Law Review
Deeds - Exceptions And Reservations - Use Of Extrinsic Evidence To Interpret Uncertain Exceptions - Exception To Grant Described In Document To Be Drawn, Michigan Law Review
Michigan Law Review
In anticipation of becoming the owner of a tract of land, S agreed to convey to a water company that portion of the land which the company would require for its reservoir. On acquiring the land, S conveyed the tract to F "except about 25/100 acres on the westerly side to be deeded to the Centralia Water Works Co." Ten days later, S conveyed to the water company "all that part . . . that is now or shall hereafter be, covered by water in the reservoir of said . . . company to high water mark in flood time …
Landlord And Tenant--Covenant To Rebuild--When Right Of Action Accrues Thereon, H. P. B. Jr.
Landlord And Tenant--Covenant To Rebuild--When Right Of Action Accrues Thereon, H. P. B. Jr.
West Virginia Law Review
No abstract provided.
Reversions And Remainders--Recovery Of Permanent Damages--Measures Of Damages, H. L. W. Jr.
Reversions And Remainders--Recovery Of Permanent Damages--Measures Of Damages, H. L. W. Jr.
West Virginia Law Review
No abstract provided.
Landlord And Tenant - Necessity For Consideration For Lease, James A. Lee
Landlord And Tenant - Necessity For Consideration For Lease, James A. Lee
Michigan Law Review
In an action to cancel a five-year lease, it appeared that the lessee had agreed to pay as rent an amount equal to one cent a gallon on each gallon of gasoline delivered, by it, on the leased premises. Held, that the lease was valid, as it created a bilateral contract supported by consideration on both sides, since according to the court's construction of the lease the lessee had impliedly promised to use the premises as an automobile filling and service station for the stipulated period and so would necessarily be required to deliver gasoline there. Jackson v. Pepper …
Measures Of Land Value For Utility Regulation, Lrston R. Barnes
Measures Of Land Value For Utility Regulation, Lrston R. Barnes
Michigan Law Review
The appraisal of the land of utility corporations presents problems that are not encountered in the valuation of other utility properties. The basic principles and methods of appraisal applicable to other properties are considered inappropriate for the valuation of lands, and certain inconsistencies between the treatment of land and other properties suggest embarrassing questions as to the principles which should guide the regulation of utility rates. Two concrete problems may serve to provide orientation for the discussion which follows: What elements of cost imposed on utilities in the acquisition of real estate are entitled to consideration in establishing rates? To …
Eminent Domain - Power Of The Federal Government To Condemn Land In Public Use For An Inconsistent Federal Use, Robert P. Kneeland
Eminent Domain - Power Of The Federal Government To Condemn Land In Public Use For An Inconsistent Federal Use, Robert P. Kneeland
Michigan Law Review
Defendants, landowners and next of kin of persons buried in a cemetery which was being subjected to condemnation, moved to dismiss the federal government's petition for condemnation of such lands on the grounds that the federal statutes did not authorize the United States to take land already dedicated to a public use for an inconsistent use; and that public cemeteries were not subject to the United States' power of eminent domain. The land was being condemned to effectuate a federal project under the National Industrial Recovery Act and the Federal Emergency Relief Appropriations Act of 1935, and was for public …
Eminent Domain - Measure Of Compensation - Admissibility Of Evidence Of Past Profits, Alfred G. Ellick Jr.
Eminent Domain - Measure Of Compensation - Admissibility Of Evidence Of Past Profits, Alfred G. Ellick Jr.
Michigan Law Review
Plaintiff corporation, lessee for a term of ten years of a tract of real estate located at the intersection of a main highway and the tracks of the lessor railroad, was engaged in the poultry business and in the retail buying and selling of automobile equipment. The location of the plaintiff's leasehold enabled the plaintiff to effect many economies in the operation of its business. The defendant municipality constructed a viaduct over the railroad tracks in such a manner that, while none of the plaintiff's property was actually taken, its usefulness as a retail outlet was destroyed. Plaintiff brought suit …
Powers Of Sale In Chattel Mortgagors, Elvin H. Hewins
Powers Of Sale In Chattel Mortgagors, Elvin H. Hewins
Indiana Law Journal
No abstract provided.
Chattel Mortgages-Mechanics' Liens-Priorities
Quieting Equitable Title-Boundaries
Oil And Gas--Enforcement Of Free Gas Clause In Equity, J. L. G. Jr.
Oil And Gas--Enforcement Of Free Gas Clause In Equity, J. L. G. Jr.
West Virginia Law Review
No abstract provided.
Public Officers - Federal Officer's Liability For Damages Done To Property Pursuant To Statutory Authorization, Jerome J. Dick
Public Officers - Federal Officer's Liability For Damages Done To Property Pursuant To Statutory Authorization, Jerome J. Dick
Michigan Law Review
The defendant, pursuant to a contract with the United States government for improving navigation on the Missouri River, built some structures in the bed of this navigable waterway which caused a shifting of the channel resulting in damage to the riparian lands of the plaintiff. Thereupon plaintiff sued for damages. In reversing the trial court, which had granted judgment for the plaintiff, the circuit court of appeals said that the action could be maintained against the defendant if there was a wrongful invasion of plaintiff's property rights; but held for defendant because the damage suffered by plaintiff was an incident …
Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Benjamin W. Franklin
Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Benjamin W. Franklin
Michigan Law Review
In 1915, defendant leased a tract of land to X for ninety-nine years. The lease provided that the lessee could remove the old building and replace it; and that on termination, the lessee should surrender the land, buildings and improvements. In 1929, the lessee razed the old structure and erected a new one. On default by the lessee in 1933, the lease was cancelled and defendant repossessed the premises. The commissioner of internal revenue determined that the difference between the fair market value of the new building in 1933 and the unamortized cost of the building razed in 1929 was …
Forfeiture Of Lease For Failure To Market Gas, C. C. Williams Jr., R. B. Goodwin
Forfeiture Of Lease For Failure To Market Gas, C. C. Williams Jr., R. B. Goodwin
West Virginia Law Review
No abstract provided.
Right To Set-Off Benefits Against Damages To Property In Eminent Domain Proceedings, D. R. K.
Right To Set-Off Benefits Against Damages To Property In Eminent Domain Proceedings, D. R. K.
West Virginia Law Review
No abstract provided.
Taxation - Federal Estate Tax - What Is A General Power Of Appointment Within The Meaning Of The Federal Statute?, John H. Pickering
Taxation - Federal Estate Tax - What Is A General Power Of Appointment Within The Meaning Of The Federal Statute?, John H. Pickering
Michigan Law Review
Decedent exercised her testamentary power to appoint the income of a discretionary trust. The commissioner declared a tax deficiency for failure to include the property subject to the power in the gross estate. The executor appealed on the ground that the power was a special power under Wisconsin law since the trustee could withhold the income from any beneficiary. Held, the power was general since it was exercisable in favor of the donee's estate or her creditors and therefore the exercise of the power was taxable under section 302(f) of the Revenue Act of 1926. Morgan v. Commissioner, …
Constitutional Law - Eminent Domain - Value As Fixed By Agreement Between The Parties - When Is Property Taken For Purpose Of Determining Payment Of Interest?, John H. Pickering
Constitutional Law - Eminent Domain - Value As Fixed By Agreement Between The Parties - When Is Property Taken For Purpose Of Determining Payment Of Interest?, John H. Pickering
Michigan Law Review
Defendant's land, situated between the riverside and set-back levees of the proposed floodway extending along the western bank of the Mississippi from Bird's Point to New Madrid, Missouri, was inundated in the flood of 1937, at which time the floodway, with its system of fuse plugs (whereby the riverbank levee was to be lowered to allow flood waters to spend their destructive force by spreading over larger areas) was not yet in operation. Thereafter the United States, under authority conferred by the Flood Control Act of 1928, instituted condemnation proceedings to secure flowage rights over defendant's land. Defendant claimed that …
Licenses--Landlord And Tenant--Effect Of Oral License Without Consideration, W. J. C.
Licenses--Landlord And Tenant--Effect Of Oral License Without Consideration, W. J. C.
West Virginia Law Review
No abstract provided.
Mines And Minerals--Merger Of Coal Lease In Reversion To Minerals--House As Trade Fixtures Under Coal Lease, J. L. G. Jr.
Mines And Minerals--Merger Of Coal Lease In Reversion To Minerals--House As Trade Fixtures Under Coal Lease, J. L. G. Jr.
West Virginia Law Review
No abstract provided.
Evidence - Negligence - Res Ipsa Loquitur - Duty Of Occupier Of Land To Users Of Adjoining Highway, Michigan Law Review
Evidence - Negligence - Res Ipsa Loquitur - Duty Of Occupier Of Land To Users Of Adjoining Highway, Michigan Law Review
Michigan Law Review
While seated in his car waiting for a traffic light to change, plaintiff was injured by the precipitation of debris caused by an explosion within the remaining walls of a building which defendant and his servants were razing. During the wrecking operations masses of bricks occasionally fell on a roped-off portion of the sidewalk under which ran two pipes through which gas was delivered to the building. After defendant's servants detected the escape of gas, the gas company removed the meters and plugged the pipes in the cellar. Gas continued to escape, and defendant was informed of its presence by …
Torts - Duty - Liability Of Abutting Property Owner To One Who Falls On Ice, Robert A. Solomon
Torts - Duty - Liability Of Abutting Property Owner To One Who Falls On Ice, Robert A. Solomon
Michigan Law Review
After having made some purchases in defendant's store, plaintiff fell on the ice and snow covering the walk in front. Alleging that the defendant had negligently cleaned the walk by leaving ridges of snow which melted and froze, forming an uneven surface, the plaintiff and her husband brought actions against the defendant store owner to recover for the injuries sustained. The lower court directed a verdict for the defendant. Held, the plaintiff could not recover because the defendant did not owe a duty to her. Therrien v. First Nat. Stores, Inc., (R. I. 1939) 6 A. (2d) 731.
The Vesting Of Remainders And Their Alienability - Bishop V. Horney Hans V. Safe Deposit & Trust Co.
The Vesting Of Remainders And Their Alienability - Bishop V. Horney Hans V. Safe Deposit & Trust Co.
Maryland Law Review
No abstract provided.
Sale Of Land For Taxes In Kentucky, Earl S. Wilson
Sale Of Land For Taxes In Kentucky, Earl S. Wilson
Kentucky Law Journal
No abstract provided.
Taxation--Jurisdiction Of Domiciliary State To Tax Transfer Of Property Located In Another State, Marvin M. Tincher
Taxation--Jurisdiction Of Domiciliary State To Tax Transfer Of Property Located In Another State, Marvin M. Tincher
Kentucky Law Journal
No abstract provided.
Torts - Landlord And Tenant - Liability Of Landlord To Invitee Of Tenant, Michigan Law Review
Torts - Landlord And Tenant - Liability Of Landlord To Invitee Of Tenant, Michigan Law Review
Michigan Law Review
Plaintiff was a customer of a beauty shop; upon leaving the ladies' room connected with the shop, she fell at the entrance. The floor of the ladies' room was some seven inches higher than the floor of the shop, the door extending down to the level of the shop floor. This structural defect existed at the time of the lease, and there was no covenant to repair. Plaintiff sues defendant landlord, basing her claim in nuisance. Held, defendant landlord may be liable on negligence principles, since where a landlord leases premises on which he knows or should know that …
Maryland Mortgages For Future Advances, R. Dorsey Watkins
Maryland Mortgages For Future Advances, R. Dorsey Watkins
Maryland Law Review
No abstract provided.
The Maryland Ground Rent - Mysterious But Beneficial, Frank A. Kaufman
The Maryland Ground Rent - Mysterious But Beneficial, Frank A. Kaufman
Maryland Law Review
No abstract provided.
Vendor And Purchaser--Ejectment By The Vendor, B. H. Henard
Vendor And Purchaser--Ejectment By The Vendor, B. H. Henard
Kentucky Law Journal
No abstract provided.