Law Commons^™

Abstracts Of Recent Cases, Aaron David Trub

West Virginia Law Review

No abstract provided.

Private Easements In Public Ways, Morton G. Herman

Washington Law Review

Two basic rights will be separately discussed in this Comment. First, the public right of user in streets dedicated for public use will be referred to as the "public easement"; and second, the private right of user created by estoppel, hereinafter called the "private easement." Although each is created in a similar manner, each propagates common as well as distinguishable property rights. In connection with the discussion of these easements, some reference will also be made to other analogous easements created by similar theories, for the purpose of furnishing background and comparison.

Toward Effective Municipal Zoning, Arval Morris

Washington Law Review

Zoning is a legal device which complements comprehensive planning by effectuating the plan, and is the offspring of urgent urban necessity. In its ordinance form, it constitutes an exercise of the police power and consists primarily of classification. It envisions a division of land into districts, subjecting the land in each district to different regulations concerning its use. Considerations of district boundaries and use regulations are legislative in character, lying within the wisdom of a city council. Zoning generally must reflect an appreciation of the character of the land and its structures, its uniqueness for particular uses, plus regard for …

Real Property - Liens - Husband's Contract For Improvements On Land Owned Jointly With Wife, Judd L. Bacon S.Ed.

Michigan Law Review

A husband alone contracted for the construction of a house on property owned jointly with his wife. The wife inspected the progress of the work, took part in directing it, and later occupied the house. In an equity proceeding by the contractor to establish and enforce a mechanic's and materialman's lien on the premises for the balance due under the contract, the trial court rendered a decree for the contractor. On appeal, held, reversed. Since there was no showing that the husband contracted as an agent of the wife, and the evidence does not support a finding that she …

Property—Requirements For Covenants Running With The Land, Buffalo Law Review

Buffalo Law Review

Nicholson v. 300 Broadway Realty Corp., 7 N.Y.2d 240, 196 N.YS.2d 945 (1959).

Property—Destructibility Of Easements Implied Grant, Buffalo Law Review

Buffalo Law Review

Gerbig v. Zumpano, 7 N.Y.2d 327, 197 N.Y.S.2d 161 (1960).

Property—Replevin Action: Measure Of Damages, Buffalo Law Review

Buffalo Law Review

Michalowski v. Ey, 7 N.Y.2d 71, 195 N.Y.S.2d 633 (1959).

Agency -- 1960 Tennessee Survey, Warren A. Seavey

Vanderbilt Law Review

In Richardson v. Snipes' both parties to an exchange of land employed the plaintiff, the contract providing that the defendant would pay no commission unless the transfer was completed. The other party satisfied the conditions imposed by the defendant, who, however, refused to go through with the exchange. The court properly reversed judgment for the defendant; but the result should not have turned upon the finding of bad faith of the defendant, as the court held. The plaintiff had performed his undertaking which was to provide one who would exchange titles and who would have gone through with the transaction …

Personal Property And Sales -- 1960 Tennessee Survey, Gilbert S. Merrit, Jr.

Vanderbilt Law Review

A foreigner given to rash generalizations would quickly conclude upon reading this year's sales and personal property cases that the three most flourishing and litigation-producing institutions in Tennessee are the automobile, the General Motors Acceptance Corporation and bootlegging. The automobile is responsible for all five of the cases covered in this survey; in four of the five the General Motors Acceptance Corporation is the defendant; and two of the five grow out of bootlegging activities.

Real Property -- 1960 Tennessee Survey, Thomas G. Roady, Jr.

Vanderbilt Law Review

It is unfortunate that the statutes in this state on which such decisions as the instant one are based have not long since been repealed or modified. It is becoming more and more apparent that the courts cannot be expected to lessen the oftentimes arbitrary and seemingly unjust result which flows from the literal application of these statutes. The instant case would have been an excellent one in which to permit the defendant to establish the title of his grantors on the merits. But in spite of the desirability of relaxing the rigorous enforcement of such statutes, the court continues …

State And Local Taxation -- 1960 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

A congressional statute that became law on September 14, 1959,severely curtails the power of all state and local governments to impose net income taxes. This statute was the aftermath of the Northwestern-Stockham decision, and a series of cases soon to follow, by the United States Supreme Court, which held that neither the due process nor the commerce clause bars the way to a nondiscriminatory, properly apportioned state tax levied directly on net income derived exclusively from interstate commerce. These decisions by the Supreme Court caused such a furor in the business world that demands were soon made on Congress for …

Joint Tenancy For Washington?, Harry M. Cross

Washington Law Review

Recurring proposals to make joint tenancy ownership generally available in Washington justify consideration of possible consequences of such a change from what has been the pattern of law since territorial days except for the aberration for a few years beginning in 1940. The absence of joint tenancies in general has probably put both the ordinary rules and the special complications of joint tenancy law beyond the ken of the typical Washington lawyer, hence a rudimentary summary of that law is desirable.

The Real Estate Broker's Undertaking, William E. Wallace

Vanderbilt Law Review

In earlier articles I have discussed problems dealing with the enunciation and expression of listing agreements, their formal import' and the effect of one important segment of many of the attendant" payment" clauses. The former article concerned itself with the general problem of the relationship existing between a real property owner and his broker, while the latter dealt with the significance of words by which the payment clause of a brokerage agreement was introduced and with the effect of a wrongful default by the landowner. The present article will consider the legal significance of the actual terms employed to designate …

Eminent Domain--Constitutional Taking--Recovery Against Municipal Airport By Adjacent Property Owners, H. S. S. Jr.

West Virginia Law Review

No abstract provided.

Simes & Taylor: The Improvement Of Conveyancing By Legislation, W. Barton Leach

Michigan Law Review

A Review of The Improvement of Conveyancing by Legislation. By Lewis M. Simes and Clarence B. Taylor.

Mortgages - Priorities -Mechanics' Lien Attaching To Optionee's Interest In Land Superior To Purchase Money Mortgage, Roger W. Kapp

Michigan Law Review

The holder of an option to purchase land ordered building materials from plaintiff. The materials were delivered the same day. The option was subsequently exercised by the vendee, and a warranty deed received from the vendor. At the same time a deed of trust was executed and delivered by the vendee to the defendant to secure a loan for the purchase money. The trust deed was properly recorded. Upon a failure of payment, plaintiff filed its mechanic's lien. Defendant subsequently foreclosed its trust deed. Plaintiff commenced this action to foreclose its lien. The trial court held the mechanic's lien superior …

Landlord And Tenant: Defects Existing At The Time Of The Lease

Indiana Law Journal

No abstract provided.

Property--Joint Tenancy--Rights Of Survivorship, W. E. M.

West Virginia Law Review

No abstract provided.

Easements By Way Of Necessity Across Federal Lands, Marjorie D. Rombauer

Washington Law Review

Is an easement across federal lands implied when the United States has granted a tract of land to which the grantee would otherwise have no practical means of access? In the recent case of Bydlon v. United States, the Court of Claims implied an affirmative answer in holding that the ancient doctrine of ways of necessity applied to Government grants to create access easements by air. The purpose of this Comment is to determine the validity of that conclusion and the extent to which it may be utilized to give life to dormant easements. Particular attention will be given to …

The Law Of Adverse Possession In Washington, William B. Stoebuck

Washington Law Review

Adverse possession is an anomaly in the law in that it is a system whereby a legal right is obtained through conduct which must be wrongful. Essentially it consists of the nonpermissive occupation of another's land until a statute of limitations bars his right to recover it. Unlike the usual statute of limitations situation, in which only a remedy is barred, in adverse possession the occupant acquires an affirmative legal right, an original title in fee simple. Clearly such a strange and drastic doctrine must spring from strong necessity. Desire to reward the occupant or punish the lax owner should …

Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed.

Michigan Law Review

The first part of the comment considers the elevation sections of the statute-sections that change the donee's interest in the appointive or dispositive property to a fee for the benefit of creditors. The second part considers the execution sections of the statute-sections that subject the execution of powers to conveyancing requirements. These sections are of the utmost significance to estate planners.

When Is Termination Of Realty Broker's Agency In Bad Faith?

Washington and Lee Law Review

No abstract provided.

Property--Tenancy By Entireties Creation Through Simultaneous Conveyances Involving Tenants In Common, C. H. H. Ii

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, H. S. S. Jr.

West Virginia Law Review

No abstract provided.

Real Property - Tenancy By The Entireties - Alienabilry Of Right Of Survivorship, Robert Brooks

Michigan Law Review

At an execution sale to satisfy a judgment against her, plaintiff's interest in certain lots which she and her husband held as tenants by the entireties was conveyed to A by sheriff's deed. Subsequently, plaintiff's husband joined A and his wife in a deed of their interest to B, who later conveyed to defendants. After the death of her husband, plaintiff instituted an action as surviving spouse for possession of these lots. The trial court entered a summary judgment for plaintiff, holding that the sheriff's deed conveyed only a severable one-half interest in use and profits of the land …

Notes On The Law Of Landlods And Tenant, Allan W. Rhynhart

Maryland Law Review

No abstract provided.

Effect Of Power Of Revocation Vesting Subsequent To Execution Of Deed Of Trust On Measuring Period Of Perpetuities, Robert E. Powell

Maryland Law Review

No abstract provided.

Real Property--Adverse Possession Of Adjoining Land By A Co-Tenant In Possession Inures To The Benefit Of Co-Tenant Out Of Possession, Allen Prewitt Jr.

Kentucky Law Journal

No abstract provided.

The Broker's Claim To A Commission When His Customer Buys Through Another Broker, William S. Cudlipp Jr.

University of Richmond Law Review

Very few lawyers in general practice in Virginia have not been consulted at one time or another about the right of a real estate broker to collect a commission on a sale of property consummated directly by the owner or through another broker with a customer found by the first broker. The majority of the disputes of this nature never reach the courts and undoubtedly the great majority of those that do are finally settled at the trial court level. Nevertheless the Virginia reports contain a number of decisions involving such cases, and opposite results have sometimes been reached under …

Partition Of Oil And Gas Interests And The Effect On Mineral Rights Of Surface Partition, Thomas L. Shaffer

Journal Articles

Interests in oil and gas in place are of three kinds: ownership of minerals independent of surface ownership, royalty interests, and "working" or leasehold interests. All three are forms of property, susceptible of ownership by cotenants, and cotenancies of the first and third categories are at least theoretically open to actions for partition.

Partition of interests in oil and gas raises practical legal difficulties in three areas: (1) How does mineral ownership fit into the statutory partition scheme? (Each of the nation's fifty states has a statute concerning partition of either realty or personalty or both.) (2) How is a …