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Property Law and Real Estate

Journal

1941

Illinois

Articles 1 - 2 of 2

Full-Text Articles in Law

Religion And Religious Institutions - Title To Church Property In Event Of A Schism Within A Church, Michigan Law Review Apr 1941

Religion And Religious Institutions - Title To Church Property In Event Of A Schism Within A Church, Michigan Law Review

Michigan Law Review

In 1839 property was granted to the "Trustees of the Church of Christ of Little Grove and their successors in office . . . unto the only proper use and behoof of the Church of Christ at Little Grove during a succession of trustees." A dispute arose within the congregation, causing a schism, and both the plaintiffs and the defendants claimed that they were the successors to the original trustees and that they had carried on the tenets and doctrines of the Church of Christ. The evidence showed that the defendants had been elected trustees at an open meeting presided …


Deeds - Construction - Effect Of Words Showing Purpose Of Grant, Michigan Law Review Jan 1941

Deeds - Construction - Effect Of Words Showing Purpose Of Grant, Michigan Law Review

Michigan Law Review

Plaintiff sought to enjoin defendants from drilling for oil and gas on a strip of land which defendants claimed through a "right of way deed" conveying and warranting the strip to a railroad company "as and for its right of way'' and describing the land as "across and upon" a certain quarter-section. The deed recited as consideration $250 and the benefits accruing to the grantor through the construction and operation of a railroad on the land. Tracks were never laid on the strip, but the railroad company continued to pay taxes thereon. Held, that under Illinois law a fee …