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The Equitable Lien As A Remedy For Breach Of Contract
The Equitable Lien As A Remedy For Breach Of Contract
Michigan Law Review
Modern decisions have developed the equitable lien as an important procedural device alongside the equitable remedies of constructive trust and subrogation, with both of which it is intimately connected. The equitable lien or charge, enforceable by foreclosure and sale, is in many situations the most convenient and flexible device for enforcing equitable obligations. A sphere of activity in which it has already proved useful, and in which its usefulness may increase, is in the field of breach of contract. The equitable lien here provides an intermediate ground between affirmative specific performance and complete rescission.
Future Interests -Transferability Of Right Of Entry For Breach Of Condition
Future Interests -Transferability Of Right Of Entry For Breach Of Condition
Michigan Law Review
Plaintiff's ancestor conveyed land to the city, on the express condition that the city should construct and forever maintain a "speedway" on the premises conveyed, reserving to himself, his heirs and assigns a right of entry for breach of the condition. Subsequently, before the condition was broken, he conveyed to a third party all his remaining land adjoining the Speedway, "together with all the right, title and interest of the party of the first part, in said Speedway." The breach of the condition having since admittedly occurred, the plaintiff, the heir of the original grantor, sought to assert the right …
Bankruptcy - Fraudulent Transfers -Trustee's Assignee
Bankruptcy - Fraudulent Transfers -Trustee's Assignee
Michigan Law Review
Since bankruptcy proceedings contemplate a sale of the debtor's assets, the importance of knowing what the trustee may sell is at once obvious. One must, however, go further and inquire as to the rights of purchasers from the trustee. This question assumes importance to the trustee, since it determines what he may sell, and is also important to the purchaser, since it determines what he may buy. The answer determines the efficiency of our bankruptcy machinery. In this comment we propose to consider one phase of this general question: May the trustee assign his right to set aside a fraudulent …