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Full-Text Articles in Law
Wills--Construction-Testamentary Intent, J. R. Swenson
Wills--Construction-Testamentary Intent, J. R. Swenson
Michigan Law Review
In a will drawn for her by a layman, testatrix inserted in her own words a clause reading, "It is my belief that 120 acres . . . owned by my deceased husband, John Cagley, subject to a life estate willed to me, be distributed to his four nieces and nephews . . . . " In fact, her husband's will had not specifically disposed of the remainder, and testatrix had in addition to the life estate, taken the remainder as residuary devisee. Held, The clause was a valid devise of the property to the four named beneficiaries. Layton …
Joint Obligations- Effect Of Release Or Covenant Not To Sue, Michigan Law Review
Joint Obligations- Effect Of Release Or Covenant Not To Sue, Michigan Law Review
Michigan Law Review
Defendants mortgaged their farm to plaintiff and later conveyed to one Ahart, who assumed the mortgage indebtedness. In a written extension agreement between all three parties it was provided that the defendants and Ahart should be jointly and severally liable for the debt. After foreclosure proceedings were started, Ahart and the plaintiff entered into a written contract by which the plaintiff agreed to release Ahart from all personal liability on the mortgage indebtedness in consideration of a deed to the farm. Thereafter the plaintiff sought a deficiency judgment against the defendants. Held, the defendants were not discharged from their …
Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps
Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps
Michigan Law Review
As a general proposition, one might perhaps feel prone to quarrel with the statement that "history repeats itself," but there can be little doubt that it applies full well to legislation aimed at relieving hard-pressed debtors in times of financial crises. From our earliest American history, every economic "winter" has provoked a landslide of pro-debtor legislation. Nor have mortgage debtors been overlooked in this regard. The remedies suggested have been as varied and ingenious as human minds could concoct. A brief review of the past decisions indicates that when they could be said to impair the obligation of contract, such …
Deeds - Construction Where Grantees Take "Jointly'', Michigan Law Review
Deeds - Construction Where Grantees Take "Jointly'', Michigan Law Review
Michigan Law Review
Land was conveyed to plaintiffs' ancestor and defendant by deed. The granting clause read: "hereby convey to Isaac . . . and Alice . . . "; the habendum clause: "Said real estate being taken by said grantees jointly . . . to have and to hold . . . to the said grantees, their assigns, heirs, and devisees forever." The heirs of Isaac, who died intestate, filed a partition petition; Alice, claiming as surviving joint tenant, answered and also started an action to quiet title. A statute provided that "Conveyances to two or more in their own right create …
Highways - Title Which An Abutter May Obtain In A Public Street By Adverse Possession, Michigan Law Review
Highways - Title Which An Abutter May Obtain In A Public Street By Adverse Possession, Michigan Law Review
Michigan Law Review
By the plat, the lots of P and D in the unincorporated village of Crescent were separated by a street sixty-six feet wide. Actually the street was never opened and only the twenty feet abutting P's property had been used as a way of access to land held by P and D and others. The remaining two-thirds of the street had been fenced by D and used by him as his for thirty years. P brought a statutory action to vacate the streets of the village. D cross-petitioned to have title to the fenced area quieted in him. Held …
Contracts - Acceptance By Mistake, Michigan Law Review
Contracts - Acceptance By Mistake, Michigan Law Review
Michigan Law Review
Plaintiff mailed to defendant's agent a written offer to purchase a piece of property. A check was mailed with the offer which was to be the initial payment for the land, if the offer was accepted. In the lower corner of the check was noted, "to be cashed when contract is signed." Defendant's agent acknowledged the check and affirmed the stipulation. He instructed his stenographer not to deposit the check, but she did so, inadvertently. Plaintiff received notice of the check's deposit before the agent attempted to return the credit. Plaintiff brought an action for specific performance. Held, that …
Trusts-Right Of Trustee To Purchase Trust Property
Trusts-Right Of Trustee To Purchase Trust Property
Michigan Law Review
The trustees under a will filed a petition in the district court asking for an order of court authorizing them to sell and convey to two of the trustees a portion of the real estate held by them in trust, and for authority to sell and convey the remainder of the real estate to the husband of one of the trustees. Three of the beneficiaries were not sui juris, and the remaining beneficiaries refused to give their consent. Held, that a trustee can not purchase trust property from himself when the beneficiary is not sui juris or when …