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Defeasance As A Restrictive Device In Michigan, William F. Fratcher
Defeasance As A Restrictive Device In Michigan, William F. Fratcher
Michigan Law Review
Quite apart from any question of their validity, the imposition of use restrictions by means of a prohibition was not practicable before the development of equitable remedies because the common law afforded no method of enforcing such a prohibition. One who conveyed land in violation of a prohibition on alienation might attempt to enforce the prohibition by attacking the validity of his own conveyance but one who violated a prohibition on use had neither motive nor method for challenging his own acts. Hence attempts to restrict use by common law devices are necessarily confined to penalty restraints and to limitations …
Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr
Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr
Michigan Law Review
The Use of Multiple in Determining the Value of Railroad Lands - The case of Chicago & N. W. Ry. Co. v. Smith et al., decided by the United States District Court for the District of South Dakota and reported in 21o Fed. 632, contains an interesting suggestion as to the means to be employed in determining the value of lands used for railway purposes, which 'Was not, however, accepted by the court.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency--Fiduciary Relation--Right of Principal to Agent's Acquisitions--Patents for Agent's Inventions; Bankruptcy--Insurance Policies as Assets; Carriers--Duty Toward Alighting Passenger; Commerce--Conflicting State and Federal Regulation; Constitutional law--Restrictive Labor Laws for Women; Contributory Negligence--Children; Conveyancing--Covenants--Construction of "Business" in Restrictive Covenant; corporations--Director's Meetings--Effect of Surprise, Trick, or Fraud in Securing a Quorum; Corporations--Eleemosynary--Liability of Educational Institution for Torts; Corporations--Fraudulent Organization--Corporation a Nullity; Criminal Law--Wife Abandonment--Proper Venue; Damages--Breach of Contract--Value of Unmatured Crops; Damages--Master and Servant--Wrongful Discharge of Servant; Dedication--requisites, Sufficiency and Acceptance; Deeds--Rule in Shelley's Case; Equity--Temporary Injunction--Function and Effect; Garnishment--Possession of Garnishee--Safety Deposit Box; Husband and Wife--Power of Wife to Dispose of Her …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Appearance--appeal from Action in Rem as General Appearance; Bankruptcy--Suit by Trustee--Right to Trial by Jury; Bills and Notes--Draft by Agent on Principal--Necessity of Acceptance; Carriers--Merchandise as Baggage--Notice; Constitutional Law--Impairing Obligation of Contract--Clause of Insurance Contract Limiting the Time in Which to Bring Action; Constitutional Law--Invalidating Existing Contracts for Free Transportation; Contracts--Mutual Promises--Independent or Conditional; Courts--Supreme Court--Jurisdiction--Mandamus to Compel Entry of Judgment by Lower Court; Eminent Domain--Damages; Evidence--Confession of an Alleged Accomplice; Evidence--Statutes--Enrolled bill as Evidence; Homestead--Does Joinder of Wife to Release Dower Bar Her Homestead Right?; Insurance--Increase of Hazard; Libel and slander--Absolute Privilege--Judicial Proceedings; Parent and Child--May Parent Authorize Agent …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Paper Title--Constructive Possession--Occupancy; Bankruptcy--Property Vesting in Trustee--Insurance Policies with Cash Surrender Value Absorbed by a Lien; Bankruptcy--Provable Debts--Contingent Claims--Landlord and Tenant; Bills and Notes--Incomplete and Undelivered Check, completed and Negotiated by Thief--Delivery Not Presumed; Bills and Notes--Note Distinguished from Testamentary Disposition; Contracts--Consideration--Forbearance to Sue; Contracts--Illegal Contract--Agent's Liability for Proceeds; Corporations--corporate Stock--Priority of Rights Between Unrecorded Transferee and Attachment Creditor; Criminal Procedure--Sealed Verdict--Separation of Jury; Eminent Domain--Streets--Power to Condemn Land Required for Railroad Purposes; Evidence--Presumptions and Burden of Proof in Case of Corporation Charged with Crime; Garnishments--On What Actions Available--Liquidated Claims; Insurance--change of Rates in Mutual Benefit Association; Judgments--Foreign Judgment--Merger--Bar; …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client--Authority of Attorney--Compromise; Attorney and Client--Disbarment--Reasonable Doubt; Bankruptcy--Corporations Subject to Involuntary Bankruptcy--Amendment of 1910; Bankruptcy--Following Trust Funds into Hands of Trustee in Bankruptcy; Bills and Notes--Notice by Mail--Proof of Mailing; Bills and Notes--Right of Drawee of Forged Check or Draft to Recover Money Paid Thereon; Boundaries--Line Between Riparian Owners; Boundaries--Monuments Give Way to Courses and Distances; Carriers--Limitation of Amount of Recovery in Case of loss of Baggage; Charities--Testamentary Trusts--Gift for Masses; Constitutional Law--Religious Liberty--Religious Exercises in Schools--Bible; Contracts--In Restraint of Trade--When Valid; Courts--Doctrine of Stare Decisis; Evidence--Admissibility of Confessions; Evidence--Admissibility of Market Quotations; Executors and Administrators--Denial of Application …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Surety's Rights to Subrogation--Preferred Claim; Bills and Notes--Negotiability--Effect of Words "Not Transferable" Added to Negotiable Note; Bills and Notes--Transfer of Note by Indorsement--What Law Governs the Indorser's Contract; Boundaries--Private Way--Title to Fee--Presumption; Civil Rights--Equal Privileges--Place of Amusement--Advertising Material; Constitutional Law--Inequality--classification--Child Labor; Constitutional Law--Limitations on the Taxing Power--Convict-Made Goods--Equal Protection of Laws; Contracts--Real Estate Brokers--Oral Authorization for Sale of Land--Commissions; Criminal Law--Post Office--Fraudulent Use of Mails; Damages--Measure of, in Case of Wrongful Death; Damages--Mitigation of, in Action for Personal Injuries--Duty to Submit to Medical Operation; Deed of Standing Timber--Time of Removal; Divorce--Extent of Relief--Absolute Divorce; Divorce--Vacation of Decree--Perjured Testimony; Evidence--Offer to …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Appeal and Error--Meaning of "Person Aggrieved"; Bankruptcy--dower Rights of Bankrupt's Wife; Bankruptcy--Mechanic's Lien--Set Off; Bills and Notes--Usury--when note is Void as to Both Principal and Interest; Boundaries--Meander Line--Riparian Rights; Citizenship--Marriage of Alien Woman to a Citizen--Naturalization; Constitutional law--Constitutionality of Office of Supreme Judge--Construction of State Constitution; Constitutional Law--Full Faith and Credit--Chancery Power to Affect Foreign Property; Constitutional Law--Police Power--License and Registration of Automobiles; Contracts--Restraint of Trade--Limitation as to Time; Damages--Breach of Warranty of Title--Attorney's Fees and Costs; Deeds--Support and Maintenance as Consideration--Condition Subsequent; Evidence--Crimes Affecting Credibility of Witnesses; Evidence--Letters Between Husband and Wife--Not Privileged in Hands of Third Parties; Husband …
Recent Important Decisions, Michigal Law Review
Recent Important Decisions, Michigal Law Review
Michigan Law Review
Appeal and Error--Attorney's Interest in Case on Appeal--Contingent Fee; Bankruptcy--discharge--subsequent Action for Fraud; Bills and Notes--Usury No Defense Against a bona Fide Holder--Construction of Negotiable Instruments Statute; Boundaries--Street, Terminus A Quo; Carriers--Hepbern Act--State and Federal Courts--Phrase "Caused by It"; Chattel Mortgages--Payment without Notice of Assignment--Construction of a Mortgage Provision; Constitutional Law--Equal Protection of Laws--Statute Requiring Screens on Cars Operated by Corporations; Constitutional Law--Equal Protection of the Laws--Class Legislation; Contracts--No Recovery Under an Entire Illegal Contract; Contracts--Validity of Contract in Contemplation of Divorce; Courts--Federal Courts--authority of Decision of State Courts--"Telegraph"; Covenants--Breach of that Against Incumbrances; Elections--Ballots--Indication of Choice by Voter; Evidence--Facts …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Discharge of Bankrupt From Arrest--Claims--Judgment--Willful and Malicious Injury; Bills and Notes--anomalous Indorser; Bills and Notes--Innocent Holder of Note Given on the Sale of "Futures"; Constitutional Law--Imprisonment for Debt; Elections--Constitutionality of "Terrell Election Law"; Eminent Domain--Accretions--Extending Highway--Compensation; Guaranty--Consideration--Past and Future Advances; Intoxicating Liquors--Right to Withdraw Names from Local Option Petition; Intoxicating Liquors--Sale of Malt Tonic; Landlord and Tenant--Change in Law Preventing Use of Part of Premises--Abatement of Rent; License--Parol Permission to Use Lands--Revocation of, After Expenditures by Licensee; Mandamus--Nature of the Remedy; Master and Servant--Injuries to Third Persons; Master and Servant--Injuries to Third Persons--Dual Relation--Proximate Cause; Monopolies--Right to Recover on Monopolistic …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Assignment for Creditors--Validity of Common Law Assignment Under State Statutes--Assignee May Maintain Replevin; Bills and Notes--Fraud--Ability to Read; Bills and Notes--Signature by Agent or Representative--Personal Liability; Boundaries--Meander Line as Boundary in Government Grants--Mistake in Survey; Carriers--Liability as Carriers of Live Stock; Contracts--Antenuptial Agreements--Performance Prevented by Party; Courts--Supreme Court--Review of Decisions of State Courts; Courts--United States Courts Enjoining Proceedings in State Courts--establishment of Railroad Rates by Commission; Criminal Law--Larceny--Fraudulent Use of Legal Process; Criminal Law--Reception of Verdict--Accused's Right to be Present; Dead Bodies--Power of Court to Order Exhumation to Procure Evidence; Evidence--Burden of Proof; Evidence--compelling Accused to Criminate Himself--Waiver of Privilege; …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Assigned Claim for Wages--Preference; Bankruptcy--time of Filing Claims; Banks and Banking--Liability of Stockholders--Unregistered Transfer; Banks and Banking--What is a Bank?; Bills and Notes--Indorsement Before Issue--Liabilities; Bills and Notes--usury--Evidence--Burden of Proof; Carriers--Freight Elevators as Carriers of Passengers; Carriers of Passengers--Servants--Communication of Disease; Constitutional Law--Delegation of Power; Constitutional Law--Police Power to Restrict Hours of Labor; Contracts--Mutuality; Courts--Criminal Law--Instructions to Jury; Covenants--Warranty--claims "By, Through or Under" Grantor--Eminent Domain; Criminal Law--Exclusion of Public From Trial; Criminal Law--Trial--conduct of Jury--comments on Defendant's Failure to Testify; Divorce--Custody of Minor Children--Duty to Support Father's Misconduct; Ejectment--When Maintainable--Easements; Estate by Entirety--Effect of Murder of Wife by Husband; Evidence--Wife …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Banks--Equity--Insolvency--Preference of Creditors; Banks--Special or General Deposit; Constitutional law--Due Process of Law; Constitutional Law--Right of Property; Contract--Liability for Breach in Discharge of a Professor; Corporations--Liability of Directors for Excessive Indebtedness; Criminal Law--Larceny Distinguished from False Pretenses; Criminal Law--Remarks of District Attorney--Appeals to Race Prejudice; Damages--Proper Averment in an Action for Deceit in the Sale of Realty; Easement--Right of Way--Immemorial Custom--Easements Appurtenant; Elections--Constitutionality of Law Changing Date--Holding Over; Evidence--Personal Injury--Physical Examination of Plaintiff; Evidence--Physical Examination of Accused; Evidence--Privileged Communication--County Attorney; Execution--Premature--Collateral Attack; Foreign Corporations--Service of Process on Officer; Homestead--Oral Contract for Conveyance--Specific Performance; Husband and Wife--Liability of Husband for the Support …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bailments--Care Required of Agistor--Special Contracts; Bankruptcy--Trading Corporations--Hotels; Common Carriers--discrimination--Exclusive Depot Privileges; Conditional Sales--Street Railway Equipment--Rights of Vendor; Constitutional Law--Class Legislation--Equal Protection of the Amendment of the Federal Constitution and the Massachusetts Declaration of Rights; Constitutional Law--Interference with Civil rights--Power of Congress to Enforce the Fourteenth Amendment; Contempt of Court--Fraudulent Claims; Contract--Assignment; Contract to Indemnify Against negligence--Statutory Prohibition--Public Policy; Corporations--Sale of corporate Property to Directors--Validity; Damages--Remote; Deeds--Duress--Grantor in Possession; Deeds--Restriction Against Building Tenement House--Deeds--Standing Timber--Construction; Equity--Possession of Personal Property; Evidence--Hypothetical Question; Execution--Exemptions--Life Insurance; Fixtures--Mortgage--Distruction of Property; Foreign Corporations--Service of Summons of Officer of; Highway--Rights of Abutting Owner; Husband and Wife--Contracts--Effects of …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney--Disbarment--Procedure; Carriers--Injury to Passenger From Strike Sympathizers; Constitutional Law--Reasonable Classification--Regulation of Insurance Companies--Discrimination in Favor of Foreign Corporations; Constitutional law--Use of Trading Stamps--Police Police Power; Contract--Breach--Damages; Corporation--Notes Given in payment for its own Stock--Bankruptcy--Provable Debts; Damages--Measure--Contribution; Deeds--construction--Description of Subject Matter; Easements--Recital in Deed--Injunction; Election--Candidates--Oath--Constitutionality of Primary Law; Equity--Jurisdiction to Restrain Injunction Proceeding Denied; Estates of Decendents--Funeral Expenses of Married Woman--Liability of Surviving Husband; Executor de Son Tort--Right to Equitable Relief; Foreign corporations--doing Business in State--Failure to Comply with State Laws--Validity of Contract; Garnishment--Situs of Debt; Husband and Wife--Separation Agreements--Validity--Defenses; Insurance--Employer's Liability--Notice of Injury; Intoxicating Liquors--License Non-Transferable; Judgments--dormancy--Effect of Special Execution; …