Law Commons^™

Judgment Lien--Doctrine Of Relation Back--Notice Of Suit As Notice Of Lien, L. L. P.

West Virginia Law Review

No abstract provided.

A Supplement To "Constitutionality Of Marketable Title Acts"-1951-1957, Ralph W. Aigler

Michigan Law Review

An article bearing the title, "Constitutionality of Marketable Title Acts," was published in December 1951. It was there pointed out that such legislation, of which the Michigan act is an example, should be found to be within constitutional limits. It was recognized, however, that direct authority was scarce and that cases that might be deemed pertinent were conflicting.

Preparation And Trial Of A Condemnation Case—The City, A. C. Van Soelen

Washington Law Review

The acquisition by cities and towns of private property, and to some extent public property also, is provided for in Chapter 8.12 RCW, which enumerates the public purposes for which such property may be acquired upon payment of "just compensation." The statement of public purposes included in that chapter relate in the main to the furtherance of the governmental as distinguished from the proprietary functions of cities and towns. Said chapter is implemented and supplemented as to the latter functions by Chapter 80.40 RCW, which relates to the needs of cities and towns in the exercise of their proprietary functions, …

Preparation And Trial Of A Condemnation Case—The Property Owner, Paul Sinnitt

Washington Law Review

The following remarks on law, procedure, problems and preparation for trial of a condemnation case are not intended as a text for condemnation. I mention only some aspects of this highly diversified field; no set pattern can be applied to each and every condemnation trial. This discussion concerns state condemnation rather than condemnation by city or county. Highway design, right-of-way acquisition and construction require time. Because of the tremendous demand in our state for highway improvements, this field of condemnation is ever-expanding.

Legal Institute Papers: Condemnation Law Procedures, Problems. Preface; Testimony Of The Expert Appraisers In Condemnation Proceedings., Donald H. Yates

Washington Law Review

Following are some of the papers on condemnation law presented at one of the Legal Institutes held as a part of the annual meeting of the State Bar Association. These institutes are of great benefit to those who are able to attend and participate in them, but, as stated in the speech of Mr. Rhyne, President of the American Bar Association, there is a need to disseminate the material gathered at such institutes to lawyers who are not able to attend the proceedings. The editors of the Washington Law Review take great pleasure in publishing these papers, as a service …

Future Interests - Rule Against Perpetuities - Legislation Exempting Options To Purchase In Leases, Edward A. Manuel S.Ed.

Michigan Law Review

A recent West Virginia statute provides that in all leases subsequently executed, an option to purchase the whole or any part of the leased premises-exercisable during or at the end of the term is not subject to the rule against perpetuities. The statute also provides that the rule against perpetuities shall not constitute a defense to a suit to enforce such an option against the lessor. W. Va. Code (Michie, Cum. Supp. 1957) §3541(3).

Real Property—Per Curiam, Buffalo Law Review

Buffalo Law Review

In re Port of New York Authority, 2 N.Y.2d 296, 159 N.Y.S.2d 825 (1957).

Real Property—Eminent Domain—Valuation Of Cemetery Property, Thomas Beecher

Buffalo Law Review

St. Agnes Cemetery v. State, 3 N.Y.2d 37, 163 N.Y.S.2d 655 (1957).

Miscellaneous—Sovereign Power Of State, Jack Getman

Buffalo Law Review

People v. System Properties, 2 N.Y.2d 330, 160 N.Y.S.2d 859 (1957).

Real Property—Wrongful Dispossession Of Statutory Sub-Tenant—No Damages, Thomas Rosinski

Buffalo Law Review

Drinkhouse v. Parka Corporation, 3 N.Y.2d 82, 164 N.Y.S.2d 1 (1957).

Real Property—Breach Of Covenant Of Quiet Enjoyment, Diane Gaylord

Buffalo Law Review

Dolman v. United States Trust Company of New York, 2 N.Y.2d 110, 157 N.Y.S.2d 537 (1956).

Real Property—Eminent Domain—Just Compensation, Jack Getman

Buffalo Law Review

In re Huie, 2 N.Y.2d 168, 157 N.Y.S.2d 957 (1956).

Comments Concerning Examination And Evaluation Of Titles To Real Property In Virginia, Robert C. Vaughan

William & Mary Law Review

No abstract provided.

Recordation Of Deed Of Trust As Inquiry Notice, Janet R. Sumpter

William & Mary Law Review

No abstract provided.

Personal Property And Sales, F. Hodge O'Neal, Thomas G. Roady Jr.

Vanderbilt Law Review

Sales

Two sales cases were decided during the survey period. One of the cases, Henson v. Wright,' was an action by the buyer of a tractor to rescind the purchase for breach of warranty.

Judd v. Fruehauf Trailer Co. is a questionable decision which perhaps opens a way for a seller in a conditional sale contract to circumvent provisions of the conditional sales act designed to protect the conditional buyer.

Liability of Common Carrier: Is a carrier liable to a shipper for breach of contract for failure to deliver an animal lost en route from point of shipment to point …

Real Property -- 1957 Tennessee Survey, Thomas G. Roady Jr.

Vanderbilt Law Review

The Rule in Shelley's Case Revisited: During the period covered by this survey the Supreme Court of Tennessee handed down an opinion involving one of those problems periodically recurring in the real property field. In this decision the court revisited the Rule in Shelley's Case, pointing out the classic situation to which it applies and calling attention to the statute in Tennessee which abolished the Rule.

The question before the court was in terms of what estate the grantee, Ralph Parker, acquired where the conveyance was to "Ralph Parker and at his death to his bodily heirs." The court concluded …

Local Government Law -- 1957 Tennessee Survey, Thomas G. Roady Jr., Robert L. White

Vanderbilt Law Review

The substantial amount of litigation involving local governmental units, their officers and agents, continued during the period covered by this survey and if volume alone were any indication of significant growth and development in a given area of law this survey article would be of considerable importance. But, in general, the cases decided in this period draw on fairly well established legal rules and principles or upon legislation which has been designed to clarify existing problems. In view of this fact it does not appear justifiable to do much more than to present a summary of these decisions with brief …

Real Property, Gilbert J. Price Jr.

Washington Law Review

Covers cases on the conveyance of after-acquired title by quitclaim deed—effect of habendum clause.

Restrictive Covenants--Right To Compensation In Eminent Domain Proceedings, R. M.

West Virginia Law Review

No abstract provided.

Real Property - Adverse Possession - Title Acquired By Husband And Wife, Richard S. Rosenthal, George F. Lynch S.Ed.

Michigan Law Review

John and Maltie Preston moved onto a parcel of land in 1910 where they lived until 1950 when John died intestate. Maltie died intestate in 1954. Title to the land had been perfected by twenty years adverse possession. Evidence showed that the adverse possession was intended to inure to their joint benefit. Complainants, collateral heirs of John, sued in ejectment claiming that John took the whole title by exclusive adverse possession. Defendants, collateral heirs of Maltie, claimed a tenancy by the entirety had been created, with the survivor, Maltie, becoming the sole owner. The court of appeals ruled that the …

Real Property - Joint Tenancy - Effect Of Contract To Convery By Joint Tenants Of Entire Interest In Property As A Severance Of The Joint Tenancy, George W. Marti

Michigan Law Review

H and W, as owners of certain real state in joint tenancy with rights of survivorship, contracted to convey this property. Prior to conveyance, and while part of the purchase price still remained to be paid, H died. Petitioner, an heir of H, brought action in equity for a declaratory judgment to determine the effect of a contract to convey land held in joint tenancy. The lower court held the joint tenancy had been terminated by the contract of sale and the contract to convey was held by H and W as tenants in common so that on …

Constitutional Law - Due Process - Adequacy Of Notice By Publication, Cyril Moscow S.Ed.

Michigan Law Review

In condemnation proceedings instituted by a city against a landowner, notice of proceedings to determine his compensation was given only by publication in the official city newspaper. The statute in force called for notice either in writing or by publication. After the time authorized for appeal from a compensation award had elapsed, the landowner brought an equitable action to enjoin the city from entering upon the property, alleging that he knew nothing of the condemnation proceedings until after the time for appeal had passed. The trial court denied relief, holding that the newspaper publication was sufficient notice to meet due …

Future Interests - Rule Against Perpetuities - Recent Kentucky Legislation Pertaining To Administrative Contingencies, Jules M. Perlberg S.Ed.

Michigan Law Review

A recent Kentucky amendment to its perpetuities statute follows the lead of Illinois in seeking a legislative solution to the problems inherent in applying the rule against perpetuities to administrative contingencies. The amendment provides, inter alia, that the vesting of any limitation of property "shall not be regarded as deferred for purposes of the rule against perpetuities or regarded as a suspension of the power of alienation of title to property merely because the limitation is made to the estate of a person, or to a personal representative, or to a trustee under a will, or to take effect on …

Simes & Smith: The Law Of Future Interests, Bertel M. Sparks

Michigan Law Review

A Review of The Law of Future Interests. 4 vols. By Lewis M. Simes and Allan F. Smith.

Real Property - Landlord And Tenant - Lessor's Arbitrary Withholding Of Consent To Sublease, William G. Mateer S.Ed.

Michigan Law Review

Defendant leased a portion of plaintiff's building for a seven-year period. Contained in the lease was a covenant whereby the lessee agreed not to assign or sublet without the lessor's consent. One year prior to the expiration date of the lease, the defendant gave notice of his intention to vacate and submitted to the plaintiff a proposed sublease under which the premises would be rented to the Postmaster General of the United States. The plaintiff stipulated that the proposed sublessee was ready, able, and willing to assume the obligations of the original lease and was a proper sublessee in every …

In Rem Tax Foreclosure—Notice, Robert J. Lane

Buffalo Law Review

Covey v. Town of Sommers, 351 U. S. 141 (1956).

Future Interests--Fee Simple Absolute Or Fee Simple Subject To A Condition Subsequent Or Fee Simple Determinable, R. M.

West Virginia Law Review

No abstract provided.

An Analysis Of Marriage Trends And Divorce Policies, Robert S. Redmount

Vanderbilt Law Review

Divorce law, theoretically, is the embodiment of policies governing the dissolution of marriage. It is the legal expression of the values attached to marriage and implicitly states the law's understanding of the marital relationship, at least that part of it that reflects conflict and disturbance.

The analytic discourse which follows briefly assesses the roles and meanings of marriage, the sources and consequences of marital disharmony and the complications of marriage dissolution. The history and composition of divorce policies and laws is carefully savored and sharply scrutinized for fidelity to the reason and experience of marriage. The outcome of this analysis …

Trusts - Improved Real Estate - Validity Of Depreciation Reserves, Ross Kipka S.Ed.

Michigan Law Review

Depreciation of physical assets is an accounting procedure now taken for granted in the business and tax areas of the law. Its emergence in the field of trusts has been relatively slow, however, and even today it has not gained much acceptance by the courts. It is the purpose of this comment to examine some of the reasons why the courts have been reluctant in applying the depreciation concept to trusts, and in particular to those trusts that include improved real estate among the assets of the corpus.

Eminent Domain - Restrictive Covenants - Compensability Of Equitable Servitudes, Thomas A. Troyer

Michigan Law Review

During appellee sanitation district's negotiations for the purchase of a tract of land owned by one Peterson, the eighteen appellants and thirty-seven other owners of land in the vicinity of Peterson's tract executed with Peterson and each other reciprocal covenants whereby each party agreed that his land should be restricted to certain uses, the use contemplated by appellee for Peterson's land being specifically excluded. When appellee and Peterson failed to reach an agreement in their negotiations and appellee filed a petition for condemnation of the land, appellants presented a cross-petition to the trial court, requesting that they be allowed to …