Law Commons^™

Eminent Domain--Federal Condemnation Judgments--Docketing And Indexing With State Records, T. E. P.

West Virginia Law Review

No abstract provided.

Mcdermott: Deskbook On Land Titles And Land Law, Allan F. Smith

Michigan Law Review

A Review of Deskbook on Land Titles and Land Law. By Thomas J. McDermott.

Taxation - Federal Income Tax - Renting Out A Single Home As A Trade Or Business For Purposes Of Capital Loss Carry-Over, Alice Austin S.Ed.

Michigan Law Review

Taxpayer, who was not in the real estate business and who was involved in only occasional real estate transactions, inherited a house which he rented out until he sold it at a loss. He treated the transaction as a capital loss, taking advantage of the capital loss carry-over provisions of the Internal Revenue Code. Deficiency assessments were levied against the taxpayer upon the theory that the loss sustained upon the sale of the house was an ordinary loss which could not be carried over to later years. Taxpayer paid the deficiency assessment and sued for a refund. The district court …

Real Property - The Effect Of Zoning Ordinances On The Law Of Nuisance, Robert B. Fiske, Jr. S.Ed.

Michigan Law Review

One of the most interesting and least explored questions in the law of property is the effect of zoning ordinances on the law of nuisance. Particularly interesting is the extent to which statutory authorization by zoning can legalize a use of land which, in the absence of a zoning ordinance, would constitute a nuisance. In order to understand this problem fully it is necessary to begin with a general analysis of the law of nuisance and the various classifications into which it has been divided by the courts.

Future Interests - Restraints On Alienation - Option To Repurchase At A Fixed Price, Edward H. Hoenicke S.Ed.

Michigan Law Review

Shortly after his second marriage in 1925, plaintiff deeded a house and two lots to the parents of his first wife. The grantees, along with the plaintiff, had occupied the premises since the first wife's death. The deed contained a provision that "if the second parties do not wish at any time to use the property as a home, the first parties shall have the first privilege to purchase the above described property at any future time at the price stated in this deed, viz., $4,000." In 1952, after the death of both grantees and when the property was worth …

Real Property - Recording - Sufficiency Of Description For Notice, Elliott H. Levitas

Michigan Law Review

The grantor owned the disputed property in Scurry County, Texas, when he purported to convey to A, by quit-claim deed, properties described as "all the oil, gas and mining leases ... located anywhere within the United States, most of which are located within the states of New Mexico, Kansas, Oklahoma, Louisiana and Texas." This instrument was recorded in Scurry County. Subsequently, the grantor executed a conveyance to B covering the Scurry County interests, and B, in turn, conveyed them to C. C's search of the record did not disclose the prior conveyance to A. In …

Real Property - Elimination Of The Straw Man In The Creation Of Joint Estates In Michigan, Edward H. Hoenicke S.Ed.

Michigan Law Review

That joint ownership is a popular form of holding title to real property is undeniable. A husband and wife are especially likely to consider this form of ownership as "natural" and desirable because it emphasizes the concept of marriage as a partnership and gives both partners control over and ownership in the family property. In addition to these factors, joint ownership is popular because of the right of survivorship which is incident to it. In this feature the layman sees, or thinks he sees, the opportunity to avoid a probate proceeding, the estate tax, and the lawyer's fee. It is …

Property--Existence Of Hostile Intent Necessary For Adverse Possession When Possessor Occupies Under Mistaken Assumption Of Ownership [Ridgely V. Lewis, Md. 1954 And Predham V. Holfester, N. J. 1954]

Washington and Lee Law Review

No abstract provided.

Real Property, Harry M. Cross

Washington Law Review

Covers laws on eminent domain, forest lands, oil and gas leases, and plats and school dedications.

Personal Property, Cornelius J. Peck

Washington Law Review

Covers the Unclaimed Personal Property Act.

Evolution Of Legislation On Proof Of Title To Land, R. G. Patton

Washington Law Review

Possessory titles are recognized by the courts when they protect a first trespassing squatter against acts of a subsequent trespasser. They are given priority over the claims of the conventional title holder when the latter has lost his right to judicial assistance by reason of acts which raise an estoppel or for failure to act within a period of time which the courts or the legislature have fixed as a limitation of action. In these cases the holder of the possessory title may by court action secure a documentary title in the form of a judgment which confirms a title …

Contracts (Herein Of Agency) -- 1955 Tennessee Survey, Merton L. Ferson

Vanderbilt Law Review

Offer and Acceptance: Listing Property for Sale With Broker: In Jenkins v. Vaughan' the facts were these: Vaughan had a drug store for sale. He gave Jenkins, a broker, an exclusive listing for 90 days and promised to pay Jenkins a commission if the property were sold within that time "either through you or any other reason." This listing was made October 10, 1951. On December 10, 1951, Vaughan directed an employee of Jenkins to cancel the listing. And on December 28 Vaughan sold the store to a purchaser procured by another broker. Jenkins had not spent any appreciable time …

Personal Property And Sales -- 1955 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

The cases of Edwards v. Central Motor Co.' and Hunter v. Moore offer interesting variations upon the same basic problem. In the Edwards case plaintiff automobile dealer sold a car to X in what was intended to be a cash transaction. X paid for the car with a worthless check and received possession of the car together with a carbon copy of a bill of sale executed by plaintiff. X then took the automobile to another dealer and sold it to him, giving the purchaser a bill of sale executed by X. Defendant was present at this transaction; at no …

Wills, Trusts And Estates (Herein Of Future Interests) -- 1955 Tennessee Survey, W. J. Bowe

Vanderbilt Law Review

Execution of Wills:

Under the Tennessee Code a will valid at the place of execution is valid under the laws of Tennessee. A testator domiciled in Tennessee executed a will in Mississippi in the presence of two witnesses, but thinking that the will should be acknowledged by a notary public rather than subscribed by the witnesses, he had the acknowledgment taken by a Mississippi notary public. As the Mississippi statute is peculiar in that it merely requires "that the Will shall be attested by two or more credible witnesses" rather than the usual "shall be both attested and subscribed" the …

Conflict Of Laws -- 1955 Tennessee Survey, John W. Wade

Vanderbilt Law Review

When a cause of action is transitory in nature the plaintiff may sue on it in any state where he can obtain personal jurisdiction over the defendant. And when personal jurisdiction is not available, he can often, by process of garnishment or attachment, obtain jurisdiction quasi in rem and proceed with the trial of the issue. The judgment so obtained is not binding on the defendant in personam but it may bind the defendant's property or the debt to him from a third party. In Hobbs v. Lewis a plaintiff sought to make use of garnishment for this purpose. He …

Business Associations -- 1955 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

Nature and Formation of Partnerships: The question whether a contract sued on was a partnership arrangement so as to be cognizable only in equity was considered by the Tennessee Court of Appeals in Powel v. Bundy.' There Bundy, a real estate broker, sued Powell on the lawside to recover $500, alleged to be plaintiff's one-half share of a commission earned by their joint efforts in selling a tract of real estate, but which commission had been collected and wrongfully retained by defendant. Among other defenses interposed was defendant's contention that the contract sued on was that of a partnership arrangement …

Real Property -- 1955 Tennessee Survey, Wade H. Sides Jr.

Vanderbilt Law Review

Construction of Deed: Limitation to "My own living children": The deed presented for construction in Tipton v. Wynn, after conveying alife estate to the grantor's daughter, contained the following language:

"and after her death to the heirs of her body. In case she has no bodily heirs, then to my own living children."

When he executed the deed, the grantor had six living children, including the life tenant-grantee. Only one of the grantor's children, however, survived the life tenant, who died without bodily heirs. The complainants, certain heirs of those children of the grantor who had predeceased the life tenant, …

Amortization And Performance Standards In Zoning Regulations: Study Of Existing Nonconforming Uses In An Indiana Community

Indiana Law Journal

No abstract provided.

Limitations Of Actions - Conversion, Irving L. Halpern

Michigan Law Review

Defendant purchased and went into possession of land in 1944 at which time a logging donkey was upon the land. The donkey had been on defendant's land without having been moved or used since 1942. From 1944 to 1952 defendant made numerous inquiries as to the ownership of the donkey without success. Through various conveyances, beginning in 1946, and without any transfer of possession, plaintiff acquired title to the donkey in 1952. In May 1952, in order to further develop his land, defendant sold the donkey. In a suit by plaintiff for conversion of the donkey, the lower court ruled …

Property - Restrictive Covenant Enforceable As Equitable Servitude, Julia Wilkins Willis

William and Mary Review of Virginia Law

No abstract provided.

Automobiles - Recordation Of Chattel Mortgage Not Constructive Notice To Good Faith Purchaser From Dealer-Estoppel, G. Duane Holloway

William and Mary Review of Virginia Law

No abstract provided.

Real Property--Contract To Purchase--Husband And Wife, C. B. F.

West Virginia Law Review

No abstract provided.

Covenants In Leases In West Virginia, Londo H. Brown

West Virginia Law Review

No abstract provided.

Deeds--Estoppel By Deed--Effect Of Reference, J. K. B.

West Virginia Law Review

No abstract provided.

Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle

Michigan Law Review

Testator's will, executed in 1944, named his wife executrix and sole devisee. One month before his death in 1952 he entered into a detailed separation and property settlement agreement with her in which, though not referring directly to the will, the wife released any present, future or after-acquired interest in the same realty as was devised in the will. The widow's offering of the will for probate was contested by the heirs. The lower court directed a verdict for the contestants on the ground that the agreement operated to revoke the will. On appeal, held, reversed. Since neither a …

Property, William J. Powell, Layton A. Power, William M. Robinson

Washington Law Review

Covers cases on easements by implied reservations, on condemnation of public property, on proof of intent to claim adversely (Powell), on the validity of antenuptial agreements that alter the status of property acquired after the marriage (Power), and on the extent of the duty to rebuild under a lease with a convenant to rebuild (Robinson).

Bills And Notes - Holder In Due Course - Notice Of Infirmity In Instrument To Finance Company Closely Connected To Dealer, William G. Cloon, Jr. S.Ed.

Michigan Law Review

The defendant purchased a car from a dealer who represented it to be a new demonstrator. In fact, the car was a used one. The defendant executed a negotiable note for the balance of the purchase price and a chattel mortgage on forms which were furnished the dealer by the plaintiff finance company. The dealer handled the paper, but the plaintiff was to finance the sale and the note was payable at the office of the plaintiff. Both the bill of sale and the chattel mortgage described the car as a new demonstrator. The note was indorsed in blank by …

Right To Bill Of Particulars In Eminent Domain Proceedings, G. D. H. S.

West Virginia Law Review

No abstract provided.

Pleading--Wrongful Death Action--Improper To Include Claim For Property Damage, G. W. S. G.

West Virginia Law Review

No abstract provided.

Boundaries: Description V. Survey, Olin L. Browder, Jr.

Michigan Law Review

These propositions I first encountered as a student in law school. At that time they struck me as rather startling propositions, which could not be reconciled with other things I had learned about the law of conveyancing. I do not recall exactly how they were disposed of: whether they were to be regarded as the law on the subject or merely as a couple of striking aberrations. There were too many other matters demanding attention at that time to allow much fretting over so small a question. Upon returning to the classroom some years later-but now sitting on the other …