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Full-Text Articles in Law
Mortgagee In Possession In New York And Michigan, Edgar N. Durfee
Mortgagee In Possession In New York And Michigan, Edgar N. Durfee
Articles
It is interesting to observe how tenaciously the old common law of mortgages has persisted in the state of New York, the very cradle of the modem lien theory of the mortgage. As early as 1802 Chancellor KENT began the importation into that state of Lord MANSFIELD'S Civil Law doctrines of mortgage. Johnson v. Hart, 3 Johns. Cas. 322. In 1814, in the case of Runyan v. Mersereau, 11 Johns. 534, the lien theory definitely triumphed over the old law. In other cases, both before and since the statute of 1828 denying ejectment to the mortgagee, the details of mortgage …
The Michigan Judicature Act Of 1915, Edson R. Sunderland
The Michigan Judicature Act Of 1915, Edson R. Sunderland
Articles
IN 1848 a wave of reform in judicial procedure began to sweep over the United States. In that year the legislature of New York enacted the Code of Civil Procedure, a statute of far-reaching importance, for it became the source of and the model for similar legislation in almost two-thirds of the States in the Union.
Special Assessments Upon Cemeteries, Ralph W. Aigler
Special Assessments Upon Cemeteries, Ralph W. Aigler
Articles
Though the power to tax cemeteries would seem to be entirely clear, very commonly land devoted to such purpose is declared by constitution or statute to be exempt. See COOLY, TAXATION, (3rd ed.) 354. So also in the case of special assessments such land, in the absence of a clear exemption, is liable thereto. Bloomington Cemetery Assoc. v. People, 139 IIl. 16, 28 N. E. 1076; Mullins v. Cemetery Assoc., 239 Mo. 681, 144 S. W. 109; Buffalo City Cemetery v. Buffalo, 46 N. Y. 503; Lima v. Lima Cemetery Assoc., 42 Oh. St. 128, 51 Am. Rep. 809. It …