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Full-Text Articles in Law
Stare Decisis -The Retroactive Effect Of An Overruling Decision
Stare Decisis -The Retroactive Effect Of An Overruling Decision
Michigan Law Review
In 1923 the Supreme Court of Michigan ruled, in Kavanaugh v. Rabior, that property lying between the meander line and the waterline of the Great Lakes belonged to the State. The defendant, after this decision and upon the advice of the State Conservation Department, refused to pay rent to the plaintiff, the littoral proprietor. In 1930 the court, overruling the Kavanaugh case, held, in Hilt v. Weber, that such property belonged to the littoral proprietor. On the basis of this decision the plaintiff brought suit for use and occupation. Held, in the principal case, that the overruling …
Landlord And Tenant - Liability Of A Mortgagee In Possession Of Mortgaged Leasehold For Rent
Landlord And Tenant - Liability Of A Mortgagee In Possession Of Mortgaged Leasehold For Rent
Michigan Law Review
On default of payments under a mortgage of a leasehold, the mortgagor and mortgagee agreed that the latter was to go into possession of the premises and manage them with a view to meeting the requirements of the mortgage. The mortgagor also executed a warranty deed of the premises to the mortgagee. On default of rent payments the landlord sued the mortgagee. Held, the defendant mortgagee was in possession merely as agent of the mortgagor and as such was not liable for the rent. Cleveland v. Detroit Trust Co., 264 Mich. 253, 249 N. W. 842 (1933).
Highways - Underpass As Highway Use
Highways - Underpass As Highway Use
Michigan Law Review
The defendant was the owner of a gravel pit, separated from his railway shipping facilities by a highway, the fee of a portion of which was owned by the plaintiff. A bill was filed to restrain the construction under the highway of a passageway between the railroad and the gravel pit, permission for which construction had been granted by the state highway commissioner. The bill was dismissed, and on appeal, held, by an evenly-divided court, that the judgment be affirmed. Grand Rapids Gravel Co. v. William J. Breen Gravel Co., 262 Mich. 365, 247 N. W. 902 (1933).
Contracts - Liability Of The Assignee Of A Land Contract - Reformation By Extrinsic Evidence
Contracts - Liability Of The Assignee Of A Land Contract - Reformation By Extrinsic Evidence
Michigan Law Review
Defendant Campbell assigned a contract to purchase land from the plaintiff to the defendant bank, the evidence being undisputed that the assignment was additional security for an existing indebtedness of Campbell. A printed form containing a promise by the assignee to pay the purchase price was used. The name of the assignee was left blank in order that the name of a prospective purchaser could be filled in if an anticipated sale materialized. In an action to foreclose the land contract the vendor asked for a deficiency judgment against the defendant bank. Held, that the vendor was not entitled …