Law Commons^™

Property—Real Property—Collateral Attack, Richard Manz

Buffalo Law Review

Swindler v. Knocklong Corp., 305 N. Y. 527, 114 N. E. 2d 25 (1953).

Property—Real Property—Easements, Richard Manz

Buffalo Law Review

Di Leo v. Pecksto Holding Corp., 304 N. Y. 505, 109 N .E. 2d 600 (1952); Gracie Square Realty Corp. v. Choice Realty Corp., 305 N. Y. 271, 113 N. E. 2d 416 (1953).

The Non-General Power Of Appointment -- A Creature Of The Powers Of Appointment Act Of 1951, Allan Mccoid

Vanderbilt Law Review

In the course of the past fifty years, during which estate planning has become a specialty rather than one of many jobs handled by the general practitioner, the power of appointment has become an increasingly popular form of gift. The two great advantages which have been claimed for the power are the introduction of great flexibility into the estate plan and the reduction of the tax burden on the property as it passes from one generation to another. It was presumably with both of these objectives in mind that Professor William J. Bowe made a suggestion last year as to …

Property—Real Property—Landlord-Tenant, Richard Manz

Buffalo Law Review

Jones v. Gianferante, 305 N. Y. 135, 111 N. E. 2d 419 (1953); Black v. General Wiper Co., Inc., 305 N. Y. 386, 113 N. E. 2d 528 (1953).

Advancements: Ii, Harold I. Elbert

Michigan Law Review

A voluntary inter vivos transfer by a parent to a child is not an advancement so long as the transferor lives. The purpose of the doctrine is to equalize an intestate' s property among his children. It is auxiliary to the distribution of his estate that the question of advancement is raised. The death of the transferor is not enough to give rise to the doctrine. The person seeking to charge the intestate's heirs with an advancement must prove several additional facts. The legislation of each state determines what must be proved in order to charge the transferee with an …

Is The Rule Against Perpetuities Doomed?, Lewis M. Simes

Michigan Law Review

Few rules of the common law have shown such amazing vitality as the rule against perpetuities. Emerging in the Duke of Norfolk's Case in 1682, as a rule to restrict unbarrable entails in land, it is now applied, not only to interests in land, legal and equitable, but also to personal estate, tangible and intangible, including beneficial interests in trusts. It is regarded as a part of the common law of nearly every English speaking country, except a few of the United States where statutory substitutes have been provided. Since 1930, statutory substitutes have been abolished and there has been …

Mortgages - Redemption - Right Of Mortgagee To Require Partial Redemption, James S. Taylor S.Ed.

Michigan Law Review

The mortgagor of the premises in question died leaving as his heirs-at-law the plaintiff and eight other children. Shortly thereafter, the mortgagee commenced proceedings to foreclose the mortgage under a power of sale. Pending these proceedings the plaintiff entered the military service of the United States and thus became entitled under the Soldiers and Sailors Civil Relief Act of 1940 to protection against the exercise of the power of sale. The mortgagee purchased at the foreclosure sale and thereafter made extensive improvements on the land. Plaintiff brought a bill to redeem the premises, tendering the entire amount of the mortgage …

Wills - Enforcement Of Parol Contract To Devise Real Property, John S. Slavens S.Ed.

Michigan Law Review

Plaintiffs and decedent made an oral agreement whereby plaintiffs agreed to pay decedent a yearly sum and to make repairs on certain real estate in return for which decedent agreed to devise the real estate to plaintiffs. Plaintiffs had been in possession of the property for several years and had vastly improved its value when decedent died, devising the property to third parties. Plaintiffs brought this action for specific performance against the devisees. The trial court, satisfied that the oral contract had been established, entered the decree for specific performance. On appeal, held, affirmed. A person can make a …

Injunctions Against Trespasses Where Title Is In Dispute, R. A. K.

West Virginia Law Review

No abstract provided.

Public And Public Welfare Property Tax Exemption In West Virginia, Albert S. Abel

West Virginia Law Review

No abstract provided.

Use Of The Containing Space After The Removal Of Subsurface Minerals, Robert T. Donley

West Virginia Law Review

Two recent West Virginia cases-one expressly, and the other inferentially-again bring to prominence the much-debated question of who has the "ownership" of the space remaining after the removal of subsurface minerals where there has been a severance in title of them from the other strata. It may be remarked, at the outset, that the results reached by the courts are the same whether the title of the mineral owner be granted to him or whether it be excepted by him from a grant of the land. The discussion which will follow is not in the spirit of adverse criticism of …

Securities - Application Of Antideficiency Judgment Statute To Second Purchase Money Trust Deed Where Security Is Exhausted By Foreclosure Of First Deed, John Houck S.Ed.

Michigan Law Review

To secure the purchase price of land, defendant executed a promissory note and first deed of trust in favor of a savings and loan association, and a second note and deed in favor of plaintiff-vendor. On default of both obligations, the savings and loan association foreclosed upon the land. The resulting sale completely exhausted the security, and plaintiff brought the present action upon his note. Defendant interposed section 580b of the California Code of Civil Procedure, which specifies that "no deficiency judgment shall lie in any event after any sale of real property for failure of the purchaser to complete …

Conservation Of Dwellings: The Prevention Of Blight

Indiana Law Journal

No abstract provided.

The Sale Of Mortgaged Real Estate Under The Indiana Gross Income Tax: A Judicial Lesson In Semantics

Indiana Law Journal

No abstract provided.

Personal Property And Sales, William D. Warren

Vanderbilt Law Review

The similarity of the subject matter, together with the paucity of cases in each field, has made it advisable to combine the personal property and sales cases in one article. Though the total number of cases falling within these fields was small, the proportion of novel and interesting issues raised was high. This article is an attempt to analyze as well as describe the significant cases decided in this area within the past year.

Contracts, Merton Ferson

Vanderbilt Law Review

The case of Thomas v. Million presented these facts: The defendant listed a house and lot for sale with the plaintiff, a real estate broker,for $16,500. The plaintiff advertised the property for sale and showed it to many prospects, including a man by the name of Cowell. After that, the defendant wrote a letter to the plaintiff, "terminating the agency contract" of the plaintiff. The defendant then sold the property to Cowell for $15,500. The plaintiff was allowed to recover $500 as a reasonable commission.

Constitutional Law, Paul H. Sanders

Vanderbilt Law Review

The Supreme Court of Tennessee has been faced with few major Constitutional Law problems during the period under consideration. Statistically, the action of the Court in invalidating one law out of almost a score that were attacked before it on the basis of constitutional defect suggests an attitude of judicial restraint toward the product of a coordinate branch of government. The relatively small number of constitutional questions raised-- and many of them were obviously make-weight rather than points of principal reliance-- suggests a general awareness of the Court's stability and the unlikelihood of its departing from established precedent. Similarly, regard …

Future Interests, Herman L. Trautman

Vanderbilt Law Review

There were five cases in the field of Future Interests during the period' covered by this Survey. They were all decided by the Supreme Court of Tennessee. From the standpoint of doctrinal development, Mountain City Missionary Baptist Church v. Wagner, involving the relation of the possibility of reverter to the Rule against Perpetuities, was probably the most significant, although the point determined had perhaps been assumed previously in Tennessee. Pope v. Alexander drew a neat distinction between a trust for a "public" cemetery and a trust for a "private" cemetery with respect to the Rule against Perpetuities. A plausible suggestion …

Property, Harry M. Cross

Washington Law Review

Covers alien land law and survivorship in joint tenancies.

Real Property, Herman L. Trautman

Vanderbilt Law Review

The Tennessee cases in the fields of Real Property and Future Interests have been quite abundant during the period' covered by this Survey. Because of the number of cases and the very interesting and novel problems presented in some of them, and because the scope of the law of Future Interests includes cases which involve Wills and Personal Property as well as Real Property, it is believed that the reader will find it more feasible to consider the Future Interest cases in a separate article appearing in this Survey. Therefore, notwithstanding some overlapping, the emphasis of this article will be …

Brown V. Jensen, Jesse W. Carter

Jesse Carter Opinions

A seller with a subordinate purchase money trust deed could not bring an action on an associated promissory note after a foreclosure by the holder of a first purchase money trust deed left the seller's deed valueless.

Eminent Domain--Particularity Of Description Of An Easement, G. M. S.

West Virginia Law Review

No abstract provided.

Book Reviews, Irving Dilliard, Stanley D. Rose, Walter P. Armstrong Jr., Reginald Parker

Vanderbilt Law Review

The States and Subversion Walter Gellhorn, Ed. Ithaca: Cornell University Press, 1952. Pp. vii, 454. $5.00

reviewer: Irving Dilliard

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Freedom through Law

By Robert L. Hale New York: Columbia University Press, 1952. Pp. xvi, 591. $7.50

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The Group Basis of Politics--A Study in Basing-Point Legislation By Earl Latham New York: Cornell University Press, 1952. Pp. ix,244. $3.75

reviewer: Stanley D. Rose

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Richards on Insurance, Fifth Edition By Warren Freedman New York: Baker, Voorhis & Co., Inc. 1952. Pp. xxvii, 2692. $50.00

reviewer: Walter P. Armstrong, Jr.

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The Theodosian Code and Novels and the Sirmondian Constitutions: A …

Skeie: Odelsretten Og Aseteretten, Nils B. Skavang

Michigan Law Review

A Review of ODELSRETTEN OG ASETERETTEN By Jon Skeie.

Treaties Governing The Succession To Real Property By Aliens, Willard L. Boyd, Jr.

Michigan Law Review

Under customary international law no nation has the duty to grant to aliens the right to hold real property. Although international law accords to an alien the privilege of participating in the economic life of the state of his residence, this privilege does not encompass the right to hold real property. The right to succeed to and hold real property is a matter solely within the competence of a nation. It is for each nation exclusively to regulate the acquisition and tenure of real property. National authority in this regard can be traced to the concept that the sovereign may …

Constitutional Law-Equal Protection-Validity Of State Restraints On Alien Ownership Of Land, Alfred W. Blumrosen S.Ed.

Michigan Law Review

In the short period of five years, action on three governmental fronts has solved one problem of state legislation which seemed to violate a basic premise of the equal protection clause of the Fourteenth Amendment. Congress, the Supreme Court and the courts of last resort of two states have acted to destroy the effectiveness of state laws which prohibited ownership of land by aliens ineligible for citizenship. These laws incorporated whatever classification Congress established for naturalization purposes into state statutes determining rights to own land. This process has resulted in recent years in discrimination against Orientals, particularly Japanese. The purpose …

Casner: American Law Of Property. A Treatise On The Law Of Property In The United States., Ralph W. Aigler

Michigan Law Review

A Review of AMERICAN LAW OF PROPERTY. A Treatise on the Law of Property in the United States.A. James Casner, Editor-in-Chief.

Property - Easements In Gross And Easements Appurtenant, Elizabeth Graham Booth

William and Mary Review of Virginia Law

No abstract provided.

Taxation-Federal Income Tax-Payment To Lessee For Surrender Of Lease Taxable As Capital Gain, Theodore J. St. Antoine

Michigan Law Review

Taxpayer, a tenant in possession of premises under a lease, received a payment from the lessor to vacate and surrender the premises before the lease expired. The Tax Court decided that the payment was taxable only as a capital gain. On appeal, held, affirmed. Since the leasehold interest constituted property, its transfer by the lessee to the lessor was a sale of a capital asset under I.R.C., §117. Commissioner v. Golonsky, (3d Cir. 1952) 200 F. (2d) 72.

Book Reviews, Harold W. Holt (Reviewer), Harold G. Wren (Reviewer), Walter Chandler (Reviewer), Harold W. Hannah (Reviewer)

Vanderbilt Law Review

Marital Property in Conflict of Laws By Harold Marsh, Jr. Seattle: University of Washington Press, 1952. Pp.

reviewer: Harold Wright Holt

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Life Insurance and Estate Tax Planning By William J. Bowe Nashville: Vanderbilt University Press, November 1952 Revision. Pp. 109.$2.10

reviewer: Harold G. Wren

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Caruthers' History of a Lawsuit Seventh Edition by Sam Gilreath Cincinnati: The W. H. Anderson Company, 1951. Pp. 1088. $17.50.

reviewer: Walter Chandler

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Legal Status of the Tenant Farmer in the Southeast By Charles S.Mangum Chapel Hill: University of North Carolina Press, 1952.Pp. viii, 478, $7.50.

reviewer: Harold W. Hannah