Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Property Law and Real Estate

Journal

Foreclosures

1936

Articles 1 - 3 of 3

Full-Text Articles in Law

Future Interests-Remainder To A Class As A Vested Remainder Jun 1936

Future Interests-Remainder To A Class As A Vested Remainder

Michigan Law Review

Testator left to his daughter certain real estate "as her sole and separate property during her natural life and at her death to her children absolutely." One of the children mortgaged his interest in the remainder to plaintiff and died, the life tenant surviving him; and thereafter the plaintiff brought suit for foreclosure. Held, this was a remainder to uncertain persons which did not vest in anyone during the life of the life tenant; and therefore the mortgage was a nullity. Deener v. Watkins, 191 Ark. 776, 87 S. W. (2d) 994 (1935).


Specific Performance--Damages--Action At Law By Vendor Of Land For The Full Purchase Price Feb 1936

Specific Performance--Damages--Action At Law By Vendor Of Land For The Full Purchase Price

Michigan Law Review

In an action at law by a vendor of land for breach of contract by the purchaser, the title not having passed, the traditional measure of damages is the difference between the contract price and the value of the land at the time the vendor's conveyance was due. But where a conveyance is not yet due from the vendor a majority of jurisdictions allow recovery of all but the last installment of the purchase money, on the ground that in that case the promise to pay is independent of the vendor's promise to convey. Even where a conveyance is due …


Fixtures - Effect Of Forfeiture Of Lease On Rights Of Conditional Vendor Who Sold Chattels To Lessee Under Title Retention Agreement Jan 1936

Fixtures - Effect Of Forfeiture Of Lease On Rights Of Conditional Vendor Who Sold Chattels To Lessee Under Title Retention Agreement

Michigan Law Review

L executed a ninety-nine year lease of certain Chicago real estate to T, who agreed to erect thereon, as security for the payment of rent, a building of a certain description and to keep the premises free and clear of all liens arising from the construction of the building. The lease was recorded, and the building was erected with funds procured by the sale of bonds secured by a trust mortgage of the leasehold to E. When completed the building contained, as required by city ordinance, an automatic water sprinkling system, purchased by T from V under a …