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Articles 1 - 30 of 42
Full-Text Articles in Law
Suggestions For The Improvement Of Municipal Annexation Law, Wallace Mendelson
Suggestions For The Improvement Of Municipal Annexation Law, Wallace Mendelson
Vanderbilt Law Review
World War II aggravated one of our most troublesome municipal problems--the growth of urban fringe areas around the outskirts of towns and cities. Many municipalities are finding their natural development either frustrated or completely strangled by choker necklaces of satellite settlements. Parent cities are surrounded by slum areas which they cannot control and wealthy suburban sections which they cannot tax. For it is common that the poorest and the most prosperous tend to live in the outskirts--the former to avoid the sanitation and anti-nuisance standards of urban life, the latter to escape their share of the cost of government in …
Real Property - Easements - Right To Take Water From A Pond As Absolute, Exclusive Profit In Gross, Stephen J. Martin S.Ed.
Real Property - Easements - Right To Take Water From A Pond As Absolute, Exclusive Profit In Gross, Stephen J. Martin S.Ed.
Michigan Law Review
One Divine owned a small natural lake and a mill nearby. He dammed the lake, and ran a pipe from it to his mill. At times he sold water after it left the mill to defendant's assignor, who owned a hotel near the mill. In 1919 Divine sold the lake to plaintiff's assignor, reserving to himself the right to dam the lake and draw off water from it, so long as the level stayed between high and low water marks. Then Divine sold the mill lot to defendant's assignor, who closed it down, but continued to take water through the …
Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi
Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi
Michigan Law Review
It is the purpose of this comment to examine the skills which courts have developed to avoid inequitable results which might arise from forfeiture of estates, and, further, to attempt to demonstrate that judicial opinion may be in a transitional stage, tending to incorporate into law the equitable doctrine of change of conditions in disposing of cases involving rights of entry and possibilities of reverter.
Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.
Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.
Michigan Law Review
The duties of a landowner toward one who enters the land without consent may no longer be determined, in many cases, by merely stating the fact that the intruder is a trespasser whose presence is unknown to the landowner. This comment will discuss an area in which the relationship of landowner and trespasser inter se has been greatly altered, and will deal in particular with a class of cases which serve to limit the expanded rights of the trespasser.
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Michigan Law Review
Questions involving the rights, duties, powers, privileges, and immunities of parties to contracts to devise or bequeath are frequently raised prior to the death of the party promising to make the devise or bequest. In essence the problem is one of analyzing the legal relationships existing prior to the date set for performance. An analysis of these relationships is undertaken in this article. Vital questions concerning the formation of such contracts and their enforcement after the promisor's death are considered only when they appear essential to the development of the main theme which concerns the contract's effect prior to the …
Securities - Sufficiency Of The Property Description And Its Relations To The Notice Provided By A Recorded Chattel Mortgage, Judson M. Werbelow S.Ed.
Securities - Sufficiency Of The Property Description And Its Relations To The Notice Provided By A Recorded Chattel Mortgage, Judson M. Werbelow S.Ed.
Michigan Law Review
The primary aims of this comment are to point out what the law requires in the nature of description, to analyze the value of these requirements in the light of the recording acts, to examine possible alternative security devices, and to suggest some useful steps that may be taken to augment the present system.
Future Interests - Rule Against Perpetuities - Applicability Of The Rule To An Option To Purchase Incident To A Lease, Donald M. Wilkinson, Jr. S.Ed.
Future Interests - Rule Against Perpetuities - Applicability Of The Rule To An Option To Purchase Incident To A Lease, Donald M. Wilkinson, Jr. S.Ed.
Michigan Law Review
Plaintiffs' testator ''leased" certain land to the defendants' assignor for a period of twenty-eight years, the latter contracting to pay $1,200 annually and to pay all taxes and assessments against the land during that period. The instrument also contained a clause whereby plaintiffs' testator contracted to convey in fee to defendants' assignor at the expiration of the twenty-eight year period, upon the latter's making a payment of one dollar. During the twenty-eight year period considerable improvements were made on the land. At the expiration of the period plaintiffs sought a declaration of rights and obligations of the parties under the …
Insurance - Recovery - Rights Of Mortgagee Under Mortgagor's Insurance, Robert B. Fiske, Jr. S.Ed.
Insurance - Recovery - Rights Of Mortgagee Under Mortgagor's Insurance, Robert B. Fiske, Jr. S.Ed.
Michigan Law Review
Defendant issued a policy of fire insurance on an automobile plaintiff had purchased with money borrowed from one Hansen, to whom a note and a chattel mortgage were given as security for the debt. A week after the policy was issued naming plaintiff as the insured, defendant executed an amendment to the policy in the form of an endorsement reading, "Less if any ... shall be paid to the insured and Charles H. Hansen as their interests may appear." The policy provided that it should not apply while the car was subject to any mortgage or other encumbrance not specifically …
Property—Real Property—Landlord And Tenant, Anthony J. Vaccaro
Property—Real Property—Landlord And Tenant, Anthony J. Vaccaro
Buffalo Law Review
United Security Corp. v. Suchman, 307 N.Y. 48, 119 N.E. 2d 881 (1954).
Property—Real Property—Easements, Anthony J. Vaccaro
Property—Real Property—Easements, Anthony J. Vaccaro
Buffalo Law Review
Sauchelli v. Fata, 306 N.Y. 123, 116 N.E. 2d 75 (1953); Loch Sheldrake Associates v. Evans, 306 N.Y. 297, 118 N.E. 2d 444 (1954).
Property—Real Property—Condemnation Proceedings, Anthony J. Vaccaro
Property—Real Property—Condemnation Proceedings, Anthony J. Vaccaro
Buffalo Law Review
In re Site For Jefferson Houses, City of New York, 306 N.Y. 278, 117 N.E. 2d 896 (1954).
Property—Real Property—Tax Lien Foreclosure—Adverse Possession, Anthony J. Vaccaro
Property—Real Property—Tax Lien Foreclosure—Adverse Possession, Anthony J. Vaccaro
Buffalo Law Review
In re Harlem River Drive, City of New York, 307 N.Y. 447, 121 N.E. 2d 414 (1954).
Property—Personal Property—Lost Trust Certificate, Anthony J. Vaccaro
Property—Personal Property—Lost Trust Certificate, Anthony J. Vaccaro
Buffalo Law Review
Davis v. Fraser, 307 N. Y. 433, 121 N.E. 2d 406 (1954).
Property—Personal Property—Stock—Conflict Of Ownership, Anthony J. Vaccaro
Property—Personal Property—Stock—Conflict Of Ownership, Anthony J. Vaccaro
Buffalo Law Review
Bata v. Bata, 306 N.Y. 96. 115 N.E. 2d 672 (1953).
Property—Real Property—Restrictive Covenants, Anthony J. Vaccaro
Property—Real Property—Restrictive Covenants, Anthony J. Vaccaro
Buffalo Law Review
Premium Point Park Ass'n. v. Polar Bar, 306 N.Y. 507, 119 N.E. 2d 360 (1954).
Contracts -- 1954 Tennessee Survey, Merton L. Ferson
Contracts -- 1954 Tennessee Survey, Merton L. Ferson
Vanderbilt Law Review
Mutual Assents: In the case of Jones v. Horner it appeared that Jones was a tenant of Mrs. Homer. The lease gave Jones an option to purchase the property for a stated price and provided that Jones might exercise his option "by payment or tender of the agreed purchase price." Jones, within the life of the option, without tendering the purchase price, gave notice that he would exercise the option. He said he would pay the purchase price upon receipt of a deed to the property. Mrs. Homer refused to treat this notice as a valid exercise of the option. …
Future Interests And Estates -- 1954 Tennessee Survey, Herman L. Trautman
Future Interests And Estates -- 1954 Tennessee Survey, Herman L. Trautman
Vanderbilt Law Review
Worthier Title--A Rule of Property: In Cochran v. Frierson' the Supreme Court affirmed the rule of Robinson v. Blankenship that the doctrine of worthier title is still a rule of absolute property law in Tennessee, and not a rule of construction. The Blankenship case is nationally recognized as representative of the early English doctrine which was abolished by statute in England in 1833. The doctrine has been modified by the majority of American courts which hold that it is a rule of construction.
Personal Property And Sales -- 1954 Tennessee Survey, Clyde L. Ball
Personal Property And Sales -- 1954 Tennessee Survey, Clyde L. Ball
Vanderbilt Law Review
This article is limited to cases involving transfers of personal property by gift or by sale, and the resultant legal relationships. Cases involving liens on personal property, chattel mortgages, and those dealing with sales in bulk are discussed in the article on Creditors' Rights and Security Transactions in this Survey.'
Real Property -- 1954 Tennessee Survey, Herman L. Trautman, James C. Kirby Jr.
Real Property -- 1954 Tennessee Survey, Herman L. Trautman, James C. Kirby Jr.
Vanderbilt Law Review
Champertous Deeds and Adverse Possession: There were two cases, Robinson v. Harris, and State v. McNabb, which used the questionable champertous deed concept to reach what seem to be just results. The sixteenth century doctrine, enacted by statute in Tennessee, is that a deed of conveyance executed and delivered by a title owner while the land is held in the adverse possession of another is void. As pointed out in the 1953 Survey article, however, recent Tennessee cases have tended to ignore a line of nationally recognized Tennessee equity cases holding that the deed is not void; that the transfer …
Wills, Estates And Trusts -- 1954 Tennessee Survey, William J. Bowe
Wills, Estates And Trusts -- 1954 Tennessee Survey, William J. Bowe
Vanderbilt Law Review
Freedom of Testation: Other than the statutory forced share of a spouse' testators have almost unlimited freedom in the disposition of their property. A devise or bequest will be held invalid only when it runs counter to some well established rule of public policy. Thus gifts in violation of the rule against perpetuities, against accumulations or against restraints on alienations are void. Further, the courts will strike down capricious or whimsical bequests, as well as those which are conditioned upon the performance of illegal or tortious acts. But in absence of any violation of public policy a testator is free …
The Mortgage For Future Advances In West Virginia, R. E. Stealey
The Mortgage For Future Advances In West Virginia, R. E. Stealey
West Virginia Law Review
In late years the mortgage or deed of trust to secure indebtedness that may not be created until after the execution and recordation of the security instrument has assumed a new importance in real estate financing. Formerly confined largely to the construction loan, such financing now often contemplates a possible future loan equal to any amount which may have been repaid on the original loan, or the use of the security instrument as general collateral for future advances, which may vary in amount from time to time. Such transactions are subject not only to the usual hazards of mortgage lending, …
Noise Nuisances: Commercial Enterprises V. Owners Of Residential Property, G. H. Kemker
Noise Nuisances: Commercial Enterprises V. Owners Of Residential Property, G. H. Kemker
Vanderbilt Law Review
The problems of the reciprocal use and enjoyment of property by adjacent landowners have become increasingly pronounced in our time of intense urbanization. Salient has been the problem of noise nuisances which frequently result when adjacent property is devoted to the inconsistent uses of industry and residence ownership. This conflict is often a serious one. The enjoyment by the residence owner of his property may be considerably impaired; the abatement of the noise may be at the price of loss of productivity, considerable expense or of not conducting the business at all.' The resulting situation is one which requires a …
Constitutional Law-Congressional Powers-Validity Of The 1953 Submerged Lands Act, William D. Keeler
Constitutional Law-Congressional Powers-Validity Of The 1953 Submerged Lands Act, William D. Keeler
Michigan Law Review
In 1947 and 1950 the Supreme Court held that the coastal states had no property interest in the submerged lands lying seaward from the low water mark, whether ownership of this land was held by the state prior to admission into the Union or not, and that the federal government had paramount rights in and power over this land, including the resources of the soil beneath it. In 1953 Congress passed, and the President signed, the Submerged Lands Act, which vested in the coastal states title to and proprietary power over this land. Alabama and Rhode Island petitioned the Court …
Real Property-Vendor And Purchaser-Effect Of Notoriuos Easement On Land Contract To Convey "Free Of Encumbrances", David Macdonald
Real Property-Vendor And Purchaser-Effect Of Notoriuos Easement On Land Contract To Convey "Free Of Encumbrances", David Macdonald
Michigan Law Review
Vendor contracted to convey land to purchaser by a deed which was to contain a covenant against encumbrances. A public easement of way over the property was outstanding, and on part of this easement a gravel road had been built. Purchaser paid some instalments and took possession but, upon learning of the easement, sued to rescind. The trial court found that the easement would have been discovered by a reasonable investigation, and therefore the contract did not protect purchaser from this easement. On appeal, held, affirmed. A contract to convey real estate free of encumbrances does not refer to …
Personal Property - Certificate Of Title In Transfer Of Automobile, W. Charles Poland
Personal Property - Certificate Of Title In Transfer Of Automobile, W. Charles Poland
William and Mary Review of Virginia Law
No abstract provided.
Property, Laurence S. Moore, Richard K. Quinn
Property, Laurence S. Moore, Richard K. Quinn
Washington Law Review
Covers cases on the hostile intent requirement in adverse possession, on riparian rights in floodwaters and the common enemy doctrine, on the duty to inquire as to easements in the contract to convey "free from encumberance" (Moore), and on agreements to return goods in the same condition (Quinn).
Real Property-Easements By Prescription-Use Of Presumption, Robert B. Olsen
Real Property-Easements By Prescription-Use Of Presumption, Robert B. Olsen
Michigan Law Review
Plaintiffs sought to enjoin defendants from using a driveway located on plaintiffs' property. Defendants counterclaimed to have an easement by prescription declared. The parties occupied adjacent city lots. Defendants' predecessor began using the driveway in 1920 without seeking permission from plaintiffs' predecessor. The respective predecessors were on friendly terms at the inception of the user. Defendants and their predecessors made minor repairs to the driveway and claimed at the trial that they had constantly used it as their own. In 1936, two years after plaintiffs acquired full title to their lot, their predecessor executed an abortive quit-claim deed to the …
Creation Of Joint Rights Between Husband And Wife In Personal Property: Ii, R. Bruce Townsend
Creation Of Joint Rights Between Husband And Wife In Personal Property: Ii, R. Bruce Townsend
Michigan Law Review
The net effect of the general legislation pertaining to the creation of joint tenancy has been to make lawyers sensitive to language expressing an intent to create joint tenancy, tenancy by the entireties and other types of survivorship rights which may or may not fall within the foregoing concepts. And so the law has busied itself with the task of giving technical meanings to words used by members of the public in their efforts to create joint rights in property-a task that has not been fully appreciated by people who acquire personal property from bankers, brokers, clerks and the like …
Mortgages-Assignment Of Rents And Profits-New Michigan Statutory Treatment, J. David Voss S.Ed.
Mortgages-Assignment Of Rents And Profits-New Michigan Statutory Treatment, J. David Voss S.Ed.
Michigan Law Review
The Michigan legislature recently approved an act which affects the validity of assignments of rents in or in connection with mortgages on industrial or commercial property. To understand the impact of the new legislation, it is necessary to refer to the general mortgage law of Michigan. In particular, a similar act passed in 1925 relating to trust mortgages is an aid in construing the new act.
Municipal Corporations-Zoning-Right Of Municipality And Property Owners Therein To Object To Amendment Of Zoning Ordinance Of Adjacent Municipality, Howard N. Thiele, Jr.
Municipal Corporations-Zoning-Right Of Municipality And Property Owners Therein To Object To Amendment Of Zoning Ordinance Of Adjacent Municipality, Howard N. Thiele, Jr.
Michigan Law Review
The borough of Dumont in New Jersey amended its zoning ordinance to change one city block from a residential area to a district in which business user would be permissible. The amendment occasioned objections By certain boroughs which were adjacent to the reclassified block, property owners in the adjacent boroughs, property owners in Dumont, and property owners in the block itself. On suit in lieu of prerogative writ by these parties, held, ordinance set aside. Where several boroughs are adjacent to the block of the defendant borough, and in reliance on the residential character of the whole area single …