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Articles 1 - 26 of 26
Full-Text Articles in Law
The Development Of The Massachusetts Probate System, Thomas E. Atkinson
The Development Of The Massachusetts Probate System, Thomas E. Atkinson
Michigan Law Review
American lawyers and laymen alike take for granted a system of probate of wills and administration of decedents' estates under the supervision of a single tribunal usually called a probate court. We are familiar with the setting up of the will, appointment of the personal representative, filing of bond and inventory by the latter, granting of allowances for support of the family, notice to creditors to present their claims, and settlement of accounts of the administration, all accomplished by this court's orders or under its scrutiny. While real property is deemed to pass directly to the heirs or devisees, it …
Secured Obligations, Benjamin M. Quigg, Jr.
Secured Obligations, Benjamin M. Quigg, Jr.
Michigan Law Review
The scope of this discussion probably is best defined in the words of the act itself as appear in section 302 (1): "obligations secured by mortgage, trust deed, or other security in the nature of a mortgage · upon real or personal property, owned by a person in military service at the commencement of the period of military service"; and the problems herein discussed are those which arise under the act in connection with the sale, foreclosure, seizure, or repossession of property which is security for such obligations.
A Legal Approach To Equitable Servitudes, Ralph A. Newman
A Legal Approach To Equitable Servitudes, Ralph A. Newman
Michigan Law Review
The variety of conceptions of the nature of equitable servitudes is only one indication of the complexity of this particular branch of the law; the difficulty of classifying the topic as a branch of equity rather than of real property, or the reverse, is another, and one which grows out of the interplay of both of these divisions of the law upon the particular field of equitable servitudes. The following discussion is designed to indicate that many of the difficulties inherent in the concept of equitable servitudes may be resolved by analyzing the subject from the point of approach of …
Municipal Corporations - Constitutional Law-Exemption Of Homesteads From Taxation For State Purposes, Hobart Taylor, Jr.
Municipal Corporations - Constitutional Law-Exemption Of Homesteads From Taxation For State Purposes, Hobart Taylor, Jr.
Michigan Law Review
A taxpayer brought a class suit in his own name for the use and benefit of himself and other taxpayers against the city of Wichita Falls to have an ordinance exempting from all taxes $3,000 of the assessed taxable values of all residence homesteads of the city declared void, and for a permanent injunction restraining the city from allowing such exemption and issuing certificates therefor to owners of homesteads. The ordinance had been passed under authority of a constitutional amendment permitting a similar exemption for "state purposes." Held, a homestead is taxable under the constitution for all purposes other …
Constitutional Law - Highways - Billboard Regulations-Application Of Easement Principles, Ruth I. Wilson
Constitutional Law - Highways - Billboard Regulations-Application Of Easement Principles, Ruth I. Wilson
Michigan Law Review
In Kelbro, Inc. v. Myrick, where the license and setback requirements of the Vermont outdoor advertising law were sustained together with provisions for summary removal of nonconforming advertisements, the Vermont Supreme Court declared that the commercial billboard companies have no common-law right to the privilege of visibility on which their business depends. Their exploitation of this privilege, it held, is a commercial use of the public thoroughfares which has been permitted only by sufferance and has always been subject to prohibition or regulation by the legislature.
Taxation - Special Assessments - Due Process - Requirement Of Notice For Repair Of Existing Improvement, Hobart Taylor, Jr.
Taxation - Special Assessments - Due Process - Requirement Of Notice For Repair Of Existing Improvement, Hobart Taylor, Jr.
Michigan Law Review
Plaintiff brought this action against the Board of Commissioners of Wells County, Indiana, to quiet his title to 160 acres of land owned by him in the county and to enjoin enforcement of supplementary drainage assessments upon the property as permitted by Indiana law. Plaintiff contended that the statute creating drainage districts was violative of due process of law and unconstitutional in that it authorized supplementary assessments to be made by the Board of Commissioners without the same notice and hearing which was required before the original assessment could be made. On demurrer, the Wells Circuit Court held for plaintiff …
Trusts - What Constitutes Revocation When No Method Specified, Dickson M. Saunders
Trusts - What Constitutes Revocation When No Method Specified, Dickson M. Saunders
Michigan Law Review
By trust deed of 1927, settlor conveyed two mortgages {the first for $5,200, and the second for $1,000, both given by Harry E. Hough and wife) to trustees, in trust for herself for life, and providing for certain disposition upon her death. The trust deed was revocable with reserved power in the settlor to convey, release or otherwise dispose of the property. In 1928 the settlor released both mortgages but took in lieu thereof one mortgage for $6,200 from the same mortgagors on the same property. This substitution was effected to accommodate the mortgagors and no money changed hands. The …
Standards And Procedure For Classification And Valuation Of Land For Assessment Purposes, By H. H. Lord, S. W. Voeler And L. F. Gieseker
Indiana Law Journal
No abstract provided.
Eminent Domain - Disposition Of Award When Land Is Subject To Life Estate And Remainder, Mary Jane Morris
Eminent Domain - Disposition Of Award When Land Is Subject To Life Estate And Remainder, Mary Jane Morris
Michigan Law Review
Testator devised property to his adopted daughter for life and remainder to her children, but should she leave no children at her death, then the estate was to go to a named charity. The United States took title to this property and paid the compensation into court. The life tenant and one of the five children filed a motion that the life tenant be permitted to withdraw the funds arising from the condemnation for the purpose of having them immediately reinvested in other real estate and/or government securities. This motion was approved by the guardian ad litem for the one …
Minable And Merchantable Coal, G. S. B.
Minable And Merchantable Coal, G. S. B.
West Virginia Law Review
No abstract provided.
Progress In The Law Of Oil And Gas, C. C. Williams Jr.
Progress In The Law Of Oil And Gas, C. C. Williams Jr.
West Virginia Law Review
No abstract provided.
Easements-Use Of Boundary-Line Driveways As Permissive Or Adverse
Easements-Use Of Boundary-Line Driveways As Permissive Or Adverse
Michigan Law Review
The essence of prescription as a means of acquiring ownership or an interest is long-continued use. If the claimant's task were simply the proof of the use and that it had been open, it would not be a difficult one. The chief difficulties are encountered in establishing that the use had the necessary quality of adverseness. The like requirement as to a possession that ripens into ownership under the statute of limitations has its problems, but they are, generally speaking, not so troublesome.
Deeds - Effect Of Noncompliance With Statute Requiring Grantor To Set Forth In Deed Name Under Which He Derived Title, Mary Jane Morris
Deeds - Effect Of Noncompliance With Statute Requiring Grantor To Set Forth In Deed Name Under Which He Derived Title, Mary Jane Morris
Michigan Law Review
In a suit between plaintiff and defendant Girola Bros., plaintiff obtained a judgment and levied upon certain property. Plaintiff purchased the land at an execution sale and recorded the sheriff's deed conveying the property to him. Prior to the commencement of the action, defendant Girola Bros. had changed its name to Madalay, Inc., and under the latter name had conveyed the property, subsequently levied on by plaintiff, to defendant M. Girola, pending the action by plaintiff. This deed was recorded. It set forth Madalay, Inc., as grantor, but failed to set forth the name in which Madalay, Inc., derived title …
Assault And Battery - Defense Of Property
Assault And Battery - Defense Of Property
Michigan Law Review
In a suit brought to recover damages for the death of plaintiff's husband the evidence indicated that the deceased, and other intruders, entered defendant's place of business after having been ordered to leave. The group "threw bricks and other missiles at Gennaro, destroying whiskey bottles and other property, whereupon Gennaro secured a pistol and shot and killed Wade." It was held that defendant was justified in killing the inebriated trespasser. Wade v. Gennaro, (La. App. 1942) 8 So. (2d) 561.
Constitutional Law - Validity Of Rent Provisions Of Emergency Price Control Act, George T. Schilling
Constitutional Law - Validity Of Rent Provisions Of Emergency Price Control Act, George T. Schilling
Michigan Law Review
The administrator of the Office of Price Administration brought an action in a federal district court to enjoin defendant from violating the rent provisions of the Emergency Price Control Act of 1942, and orders and regulations issued pursuant thereto. Defendant, by way of counterclaim, challenged the constitutionality of the act and Regulation No. 10 and sought an in junction restraining plaintiff from enforcing against her the provisions of the act, from interfering with the use and occupancy of her premises and her right to invoke the jurisdiction of the state courts, and requesting the suspension of the penal provisions of …
Trusts - Constructive Trusts - Protection Of Trade Secrets And Like Confidential Information, E. George Rudolph
Trusts - Constructive Trusts - Protection Of Trade Secrets And Like Confidential Information, E. George Rudolph
Michigan Law Review
Plaintiff hired a seismograph company to make surveys of certain land for the purpose of locating oil and gas. The results of the survey were favorable. An employee of the seismograph company communicated the results to the defendant who thereafter leased the land. Plaintiff brought suit to have defendant declared constructive trustee of the land for plaintiff. Held, that the relief could not be granted since defendant might have leased the land without such information. Ohio Oil Co. v. Sharp, (D. C. Okla. 1942) 45 F. Supp. 969.
Leslie's Adm'x Et Al V. Branham Et Al, Barbara Moore
Leslie's Adm'x Et Al V. Branham Et Al, Barbara Moore
Kentucky Law Journal
No abstract provided.
Bar Of The Debt As Affecting The Mortgage, Robert S. Hammond
Bar Of The Debt As Affecting The Mortgage, Robert S. Hammond
Kentucky Law Journal
No abstract provided.
Delivery Of Deed After Death Of Co-Grantor
Delivery Of Deed After Death Of Co-Grantor
Indiana Law Journal
Notes and Comments: Property
Vested And Contingent Remainders, A Suggestion With Respect To Legal Method, Laurence M. Jones
Vested And Contingent Remainders, A Suggestion With Respect To Legal Method, Laurence M. Jones
Maryland Law Review
No abstract provided.
Apportionment Between Life Tenant And Remainderman Of Loss On Defaulted Mortgage Security Held In Trust, Charles V. Shipley
Apportionment Between Life Tenant And Remainderman Of Loss On Defaulted Mortgage Security Held In Trust, Charles V. Shipley
Kentucky Law Journal
No abstract provided.
Fusion Of Law And Equity--Suit At Law For Purchase Price Of Land, Henry Howe Bramblet
Fusion Of Law And Equity--Suit At Law For Purchase Price Of Land, Henry Howe Bramblet
Kentucky Law Journal
No abstract provided.
Right Of Creditors To Attach Personalty In The Hands Of A Vendor Who Retains Possession After Sale, John H. Clarke Jr.
Right Of Creditors To Attach Personalty In The Hands Of A Vendor Who Retains Possession After Sale, John H. Clarke Jr.
Kentucky Law Journal
No abstract provided.
The Disposition Of Dormant Bank Deposits And Other Unclaimed Property, Earl S. Wilson
The Disposition Of Dormant Bank Deposits And Other Unclaimed Property, Earl S. Wilson
Kentucky Law Journal
No abstract provided.
Governmental Regulations: Not An Excuse For Nonperformance Of A Lease, Helen C. Stephenson
Governmental Regulations: Not An Excuse For Nonperformance Of A Lease, Helen C. Stephenson
Kentucky Law Journal
No abstract provided.
A Review In Brief Of Principles Of Community Property, William Q. De Funiak
A Review In Brief Of Principles Of Community Property, William Q. De Funiak
Kentucky Law Journal
No abstract provided.