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Articles 1 - 11 of 11
Full-Text Articles in Law
Note And Comment, Edwin C. Goddard, Edgar N. Durfee, Thomas H. Westlake
Note And Comment, Edwin C. Goddard, Edgar N. Durfee, Thomas H. Westlake
Michigan Law Review
The Death of Dean Thayer - The death on September 15th of Ezra Ripley Thayer, dean of the Harvard Law School, has brought irreparable loss not only to the institution which he had brilliantly served, but to the cause of legal education throughout the country. Dean Thayer was the rarely fine product of conditions and environment which have been perhaps the most richly fruitful that our nation has known. The son of a most distinguished legal scholar and teacher, he grew up in association with much that was best and most inspiring in Massachusetts and in the great university from …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Powers Of American Religious Corporations, Carl Zollmann
Powers Of American Religious Corporations, Carl Zollmann
Michigan Law Review
Religious corporations in the United States have assumed various shapes. The original two forms, (corporation sole and territorial parish) being unsuited to our conditions, have completely passed away. In their stead have grown up four other classes, the aggregate corporation, the trustee corporation, the modern form of the corporation sole, and the Roman Catholic Church in our insular possessions. These four kinds of corporations, however diverse they may be in their history and otherwise, have a number of important qualities in common. None of them are ecclesiastical corporations in the European sense of the word. All of them owe their …
Nature And Importance Of Legal Possession, Joseph W. Bingham
Nature And Importance Of Legal Possession, Joseph W. Bingham
Michigan Law Review
To impress these unfamiliar facts on our consciousness, so that we shall not lose sight of them during the rest of our discussion, so that we shall not slur them or cloud them by vague use of symbolic ideas or terms concerning property and title, let us repeat the essence of the legal situation. Jackson is the holder of a fee simple acquired tortiously. His title to that fee--i. e. the facts which would induce the courts upon occasion to give him the remedies "vindicating" the existence of this vested fee in him--consist in his actual exclusive use and control …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Nature And Importance Of Legal Possession, Joseph W. Bingham
Nature And Importance Of Legal Possession, Joseph W. Bingham
Michigan Law Review
The careful student of our law of property needs no demonstration of the importance of legal possession. From before the date of the earliest year book the word possession and its synonym seisin have pervaded legal language and have signified matters of great consequence in the decision of cases. "In the history of our law," say Pollock and Maitland, "there is no idea more cardinal than that of seisin. Even in the law of the present day it plays a part which must be studied by every lawyer; but in the past it was so important that we may almost …
Note And Comment, Hollis Harshman
Note And Comment, Hollis Harshman
Michigan Law Review
Breach of Landlord's Covenant as Defense to Action for Rent - It is undoubtedly well settled that if the agreement to pay rent is dependent upon the performance by the landlord of some undertaking on his part, the failure by the landlord so to perform is a good defense to an action for the rent. It is equally well settled that if the agreements are independent such failure by the landlord is no defense. The difficulty arises in determining whether the agreements are dependent or independent. That question is one of construction, and it cannot be expected that all the …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Financial Details, Kent Memorial, Edwin C. Goddard
Financial Details, Kent Memorial, Edwin C. Goddard
Articles
The following is a statement, with such details as I should think would answer the purposes of other chapters, of the ways and means adopted for securing the present building just completed at Ann Arbor.
Cases On The Law Of Mortgages, Edgar N. Durfee
Cases On The Law Of Mortgages, Edgar N. Durfee
Books
“The law of mortgages embraces so many remotely related topics that it is impossible, in the time allotted to it in our schools, to cover the subject completely and thoroughly by the ordinary ‘case’ method. Of the several alternatives that this condition leaves us, the editor has chosen that of covering by cases, with a fair degree of thoroughness, certain selected topics. It is with a view to presenting to the student, in a suggestive way, some of the topics not covered by cases, that the editor has introduced into the book excerpts from text-books and from judicial opinions, and …
Marshaling Of Mortgaged Property In Favor Of Subsequent Mortgagees, Edgar N. Durfee
Marshaling Of Mortgaged Property In Favor Of Subsequent Mortgagees, Edgar N. Durfee
Articles
A holds a first mortgage covering two parcels of land, B holds a second mortgage covering one of these parcels, and C holds a second mortgage covering the other parcel, B's mortgage being prior in time to C's. B's mortgage contains the following clause--"The property described in the within indenture is subject to an existing blanket mortgage held by A, with release clause of $10 per front foot." Upon a bill to foreclose A's mortgage, how should the burden of that mortgage be distributed? In Savings Investment & Trust Co. v. United Realty & Mortgage Co., 94 Atl. 588, the …