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Articles 31 - 50 of 50
Full-Text Articles in Law
Transfer Of Future Interests, W. Lewis Roberts
Transfer Of Future Interests, W. Lewis Roberts
Michigan Law Review
In considering to what extent future interests are transferable in this country it is proposed to limit the investigation to those future interests known as contingent remainders, executory devises, and defeasible vested remainders. It has not been deemed necessary to consider vested remainders as they have long been treated by the law in much the same way as present estates have been as far as alienation is concerned.
Trusts - Statute Of Frauds - Part Performance Of Oral Trusts, Mark H. Harrington
Trusts - Statute Of Frauds - Part Performance Of Oral Trusts, Mark H. Harrington
Michigan Law Review
In some jurisdictions, where some equivalent to the seventh section of the English Statute of Frauds has not been enacted, an oral trust of land is enforceable. In others, it is held that the provisions requiring a writing in the case of conveyances of and contracts concerning interests in land forbid oral trusts of land. It is clear, however, that when the statute of frauds in force contains a provision requiring express trusts to be created or evidenced by writing, an oral agreement between grantor and grantee that the property conveyed should be held in trust can not be enforced …
A Law Book By An Engineer
Michigan Law Review
A review of THE LEGAL ELEMENTS OF BOUNDARIES AND ADJACENT PROPERTIES. By Ray Hamilton Skelton, C.E.
Creditors' Rights In Equity
Michigan Law Review
There is a great deal of confusion in the decided cases as to the jurisdiction of equity to protect creditors. Historically we must separate the jurisdiction of equity over decedents' estates. According to Langdell, a creditor's bill is a bill filed by a creditor of a deceased debtor, against the personal or real representative, or against the personal and real representatives, of the latter to compel the payment of a debt. When an execution upon a judgment has been returned unsatisfied, and the judgment creditor files a bill in equity to obtain satisfaction of the judgment out of assets belonging …
Easements-Way Of Necessity-Sale Of Servent Estate To Bona Fide Purchaser Without Notice
Easements-Way Of Necessity-Sale Of Servent Estate To Bona Fide Purchaser Without Notice
Michigan Law Review
M conveyed a portion of his land to X, through whom the defendant claims, the circumstances being such that X acquired a way of necessity over the land retained by M. X recorded his deed. Later M conveyed his remaining land to H, through whom the plaintiff claims. H was a purchaser for value without notice of the way of necessity. The plaintiff sought to enjoin the defendant from entering his land, and the defendant attempted to justify on the ground of this way of necessity. Held, under the recording acts the plaintiff as a bona fide purchaser took …
Taxation-Retrospective Succession Tax On Trust Remainder
Taxation-Retrospective Succession Tax On Trust Remainder
Michigan Law Review
The settlors voluntarily placed property in trust, the income from which was to be paid to them during their lives, the corpus to be divided upon the surviving settlors' death, among their sons, or if any son predeceased the survivor, among those persons entitled to take his intestate property. Subsequently the settlors assigned their life interest to the sons; this conveyance, however, in the case of Coolidge v. Loring, 235 Mass. 220, 126 N.E. 276, was held ineffectual to eliminate the possible effect of the contingency of any son predeceasing the surviving settlor. Between the execution of the deed …
The Liability For Taxes And Assessments Between Vendor And Purchaser
The Liability For Taxes And Assessments Between Vendor And Purchaser
Michigan Law Review
This note is concerned with the rights and duties, inter se, of vendor and purchaser with respect to the burden of taxation. The problem presents itself in the simplest form when it arises in a suit for specific performance, the question being whether the contract obligated vendor to remove the lien of certain taxes (or allow the purchaser a credit against the purchase price), or, on the other hand, obligated purchaser to pay the whole price for the encumbered land (or pay vendor, in addition to purchase price, the amount of tax previously paid by the latter). The question …
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 …
Estates-Tenancy By Entireties--Ability Of Judgment Creditor To Reach Tenant's Interest
Estates-Tenancy By Entireties--Ability Of Judgment Creditor To Reach Tenant's Interest
Michigan Law Review
Shortly after the plaintiff's judgment had been docketted and a fruitless attempt made to have it satisfied, the defendant and his wife became devisees of some land, holding it as tenants by entireties. Knowing his wife to be in poor health and fearing he might survive her, the defendant persuaded her to join in a conveyance to their granddaughter for only a nominal consideration. Both women were unaware of the defendant's real motive, but the defendant himself understood the effect of what he was doing and was anxious to place the land beyond the plaintiff's reach. Held, that the …
Deeds-Side Of Lake As Boundary-Presumption That Grantee Takes To Center
Deeds-Side Of Lake As Boundary-Presumption That Grantee Takes To Center
Michigan Law Review
ln a conveyance of land adjoining a lake, the description read in part, "thence running northerly * * * to the Rockland Lake thence westwardly along the south side of the Rockland Lake." Held, that the grantee took to the center of the lake. White v. Knickerbocker Ice Co. et al. (N. Y. 1930) 172 N.E. 452.
Contracts--Risk Of Loss Under Executory Land Contract--Disposition Of Insurance Process.
Contracts--Risk Of Loss Under Executory Land Contract--Disposition Of Insurance Process.
Michigan Law Review
When buildings, which are part of the subject matter of an executory contract for the sale of land, are accidentally destroyed by fire, there immediately arises the question of who, as between the vendor and the purchase, shall bear the loss. The majority of courts in this country place it on the purchaser. This was the result reached in the leading English case of Paine v. Meller and has been adopted in the following states: California, Indiana, Iowa, Kentucky, Louisiana, Maryland, Missouri, Montana, Nebraska, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota and West Virginia. …
Conflict Of Laws Treatment Of Interpretation And Construction Of Deeds In Reference To Covenants, Raymond J. Hellman
Conflict Of Laws Treatment Of Interpretation And Construction Of Deeds In Reference To Covenants, Raymond J. Hellman
Michigan Law Review
It is submitted that the terms "interpretation" and "construction" and the verbs "interpret" and "construe" should be used with distinct significations. There are two types of problems with reference to which these terms are used, often ambiguously and unclearly. In one type of problem a question is presented and sought to be answered as to what someone actually or apparently intended. There is an effort to reach a result which was actually desired even though the data tending to show this may be of limited utility. In the other type of problem it is recognized or realized either that there …
Election Of Remedies-Pursuit Of Supposed Remedy As Bar To Suit On Existing Remedy
Election Of Remedies-Pursuit Of Supposed Remedy As Bar To Suit On Existing Remedy
Michigan Law Review
A contracted with B to devise certain lands to B. A conveyed the land to another before his death. B sued C, as executor of the will of A, for damages for A's breach of contract. B's action failed by reason of a plea of the statute of frauds. B then sued C for money expended by him, property delivered, and services rendered in reliance on the alleged contract. Held, B could recover, for the doctrine of election of remedies is no bar unless there are distinct remedies in existence when the action was begun. White v. McKnight (S. …
Building Restrictions-Who Can Enforce-Prior Purchaser-Oral Agreement
Building Restrictions-Who Can Enforce-Prior Purchaser-Oral Agreement
Michigan Law Review
The owner conveyed part of a tract of land to the plaintiff's granter with the oral agreement that no building should be constructed within seven feet of the part conveyed, and subsequently conveyed the part retained to the defendant's granters with the covenant that no building be erected within seven feet of the part previously conveyed. Defendant began construction of a building which would cover the seven feet in question. Plaintiff sought an injunction. With approval of the finding below that the restriction was imposed for the benefit of the land now owned by the plaintiff, held, that the …
Acceptance Of Deeds
Michigan Law Review
In discussions of delivery of deeds consideration is commonly given to the element of acceptance, as if that were a part of delivery. In the ordinary case of delivery there is an acceptance by the grantee, but, it is submitted, when delivery is properly analyzed it will be found that acceptance is no proper part thereof, whatever may be said as to the necessity for assent in effectuating a change in ownership.
Contracts To Make Testamentary Dispositions As Affected By The Statute Of Frauds, Merrell I. Schnebly
Contracts To Make Testamentary Dispositions As Affected By The Statute Of Frauds, Merrell I. Schnebly
Michigan Law Review
There are in the reports a surprising number of cases in which it is alleged that the owner of property has bound himself by contract to devise or bequeath that property to another. These promises have been made upon almost every imaginable consideration, but in the typical case the consideration is personal services rendered to the promiser during his declining years. Since these promises are so common, one concludes that this kind of contract must appeal to many persons as advantageous. There is little doubt that it of ten does enable one to secure attention of a sort he could …
Contracts-Risk Of Loss Between Vendor And Purchaser In Land Contract
Contracts-Risk Of Loss Between Vendor And Purchaser In Land Contract
Michigan Law Review
Plaintiff entered into a contract to sell his grocery business to the defendant for a specified amount, part payment to be by way of the conveyance of a house and lot owned by the defendant, the title to pass upon payment by the plaintiff of certain outstanding debts of the grocery business. Subsequent to the execution of the contract, but before conveyance of the house and lot and while the defendant was still in possession, the house was destroyed by fire and the plaintiff sues to have $2,500 substituted, that amount being the agreed valuation at which the property was …
Boundaries On Highways
Michigan Law Review
When the subject matter of a conveyance is sought to be identified by reference to boundaries indicated by monuments of appreciable width, inevitably the question arises as to the particular part of the monument which is to control. It is agreed that prima facie the center point or line is to be taken. There is in this rule the practical value of ascertainable certainty; besides, it has, an inherent reasonableness that commends it. The rule, however, should not be applied when a result would be produced that would not accord with what other considerations show pretty clearly must have been …
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Michigan Law Review
Books in general, law books in particular, are like people. Most of them are ordinary, some useful, some not, but if they had not appeared they would not have been greatly missed, having appeared they will live their few years and at least seem to be forgotten. A few are so outstanding that they make a strong impress on their time and live on beyond the period of a life. If not great they have great influence and make notable contributions. Among the notable books of our time in the field of property law may be mentioned Jarman on Wills …
Delivery And Acceptance Of Deeds, Herbert T. Tiffany
Delivery And Acceptance Of Deeds, Herbert T. Tiffany
Michigan Law Review
It is proposed, in the first part of this paper, to consider the nature of the delivery of a deed, more particularly a deed of conveyance, and the facts and circumstances which the courts have regarded as justifying an inference of delivery. The second part of the paper will be devoted to a consideration of the necessity of the acceptance of a deed, in addition to delivery, in order that it may have a legal operation.