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Articles 1 - 13 of 13
Full-Text Articles in Law
Executors And Administrators - Distribution Of Surplus Proceeds When Realty Devised Subject To A Condition Is Sold For Debts, E. George Rudolph
Executors And Administrators - Distribution Of Surplus Proceeds When Realty Devised Subject To A Condition Is Sold For Debts, E. George Rudolph
Michigan Law Review
Testatrix devised a house and lot to the trustees of the First Methodist Church Oil the condition that it be used for a parsonage. In administering the estate it became necessary to sell this real estate. Seven thousand dollars was realized by the sale, of which five thousand remained after debts were paid. This action was brought by the executors to determine the respective rights of the trustees of the First Methodist Church, the residuary legatee, and the heirs at law to this five thousand dollar surplus. Held, the condition relating to the use of the realty was rendered …
Federal Courts - What Is An Equitable Claim To Real Property Within The Meaning Of Section 57 Of The Judicial Code?, Charles J. O'Laughlin
Federal Courts - What Is An Equitable Claim To Real Property Within The Meaning Of Section 57 Of The Judicial Code?, Charles J. O'Laughlin
Michigan Law Review
Plaintiff, an Ohio corporation, was the lessee of land in Kentucky. It entered into a contract with defendant lessor, a resident of the District of Columbia, to renew the lease. Defendant failed to carry out his agreement, and plaintiff" sued for specific performance of the contract to lease in the United States District Court for Eastern Kentucky, jurisdiction being based on diversity of citizenship. Plaintiff was unable to obtain personal service upon defendant, but obtained service by publication under section 57 of the Judicial Code, which authorizes the court to take jurisdiction and to allow service by publication in "any …
Insurance - Right Of Insurer To Be Subrogated To Claim Of Insured Against A Third Person Where It Has Paid A Claim On Which It Was Not Liable, Michigan Law Review
Insurance - Right Of Insurer To Be Subrogated To Claim Of Insured Against A Third Person Where It Has Paid A Claim On Which It Was Not Liable, Michigan Law Review
Michigan Law Review
Plaintiff paid insured for damage done to his building because of the defendant's negligence, and received a subrogation receipt from the insured. Plaintiff now sues for damages in its own name and for its own benefit. The policy provided that it should be void if the insured did not have sole and unconditional ownership of the property. Title to the damaged property was in the name of the insured's wife, and therefore the policy was void. Held, since the insurer was not obligated under the policy, it was a mere volunteer, and could not be subrogated to the insured's …
Landlord And Tenant - Anticipatory Or Partial Breach By Lessee, Michigan Law Review
Landlord And Tenant - Anticipatory Or Partial Breach By Lessee, Michigan Law Review
Michigan Law Review
Plaintiff was lessor and defendant was lessee under a ninety-nine year lease. After thirty-one years had expired under the lease, defendant gave notice of his intention to quit at the end of the current quarter. Plaintiff informed defendant that he would not accept a surrender, but before the end of the quarter defendant abandoned the premises. When defendant refused to pay rent for the next quarter as it became due, plaintiff sued for the difference between the rent reserved for a thirty-year period and the fair rental value for such a period. Held, the repudiation constituted a total breach …
Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs
Michigan Law Review
Complainant, believing his property to be illegally in the possession of defendant pawnbroker, obtained a search warrant, authorized by statute to be issued, on complaint under oath, by any magistrate who is satisfied that there is reasonable cause for complainant's belief. Although the statute required the property to be seized and delivered to complainant on his posting a bond for double the value of the property, the property was not in fact seized. However, actual notice to appear and be heard on a certain date was given to the defendant, even though such notice was not expressly required by the …
Injunctions - Extent To Which Equity Will Protect A Business On The Theory That It Is A Property Right, Michigan Law Review
Injunctions - Extent To Which Equity Will Protect A Business On The Theory That It Is A Property Right, Michigan Law Review
Michigan Law Review
Plaintiff, a corporation engaged in publishing a newspaper, in order to increase circulation conducted a puzzle contest, offering substantial prizes. Defendant, engaged in preparing and selling answers to various prize contests, sold answers to contestants in plaintiff's contests. Plaintiff sought to enjoin such activity. Held, that the right to conduct a lawful business is a property right which may be protected from unlawful interference. Even if, as mere offerees, the contestants are not bound to plaintiff by contract, defendant's acts amount to an inducement to tender spurious performance and may therefore be enjoined as improper and unlawful interference with …
Oil And Gas - Interpretation Of Lease Containing Royalty Provisions, Brooks F. Crabtree
Oil And Gas - Interpretation Of Lease Containing Royalty Provisions, Brooks F. Crabtree
Michigan Law Review
Several of the plaintiffs owned oil-producing land in Oklahoma and had leased it to one Briggs. The lease ran for a fixed term and "so long thereafter as oil or gas may be produced therefrom by the lessee." It provided for a royalty payment to the lessor of one-eighth of the oil or gas produced, and gave the lessee the right "at any time" to remove all machinery and equipment placed on the premises, including the right to draw and remove the casing. Briggs sold the equipment thereon to defendant and later sold the lease itself to one of the …
Municipal Corporations - Waters And Watercourses - Eminent Domain - Pollution Of Water As A "Taking" Of Private Property, Brooks F. Crabtree
Municipal Corporations - Waters And Watercourses - Eminent Domain - Pollution Of Water As A "Taking" Of Private Property, Brooks F. Crabtree
Michigan Law Review
Plaintiff sued defendant city for damages caused his land by the continual discharge of raw sewage into the river about one-half mile above plaintiff's land. The pollution rendered the water of the river unfit for domestic use and deleterious to health. Held, that although the plaintiff failed to allege the necessary elements for a tort action against a municipality, under the Washington statute, he stated a valid cause of action for damages under article I, section 16 of the Washington Constitution which states that "No private property shall be taken or damaged for public or private use without just …
Municipal Corporations - Zoning Ordinances - Aesthetic Considerations Under The Police Power, Charles J. O' Laughlin
Municipal Corporations - Zoning Ordinances - Aesthetic Considerations Under The Police Power, Charles J. O' Laughlin
Michigan Law Review
Plaintiff brought suit to enjoin the enforcement of the zoning laws of the city of Miami Beach. His property was in a zone reserved for apartment hotels and first-class family residences, but adjacent to an area in which business structures were allowed. Plaintiff sought to erect structures of a business character on his property, despite the zoning law. Held, the zoning law is sustained, for plaintiff's property rights must yield to the interest of the community in maintaining the attractiveness of this resort area. City of Miami Beach v. Ocean & Inland Co., (Fla. 1941) 3 So. (2d) …
Damages - Effect Of Defendant's Tender Of Specific Restitution Upon Plaintiff's Action To Recover The Value Of Property, William H. Kinsey
Damages - Effect Of Defendant's Tender Of Specific Restitution Upon Plaintiff's Action To Recover The Value Of Property, William H. Kinsey
Michigan Law Review
A person who has appropriated the land or chattels of another may prefer to return the subject matter rather than be held liable for its money equivalent in a law suit brought by the rightful owner. Whether the appropriator will improve his position by tendering specific restitution presents an interesting question. Because of the numerous remedies at the owner's disposal, it is impossible to formulate a single, concise answer.
Execution - Misdirection Of Process - Validity Of Amendment, Michigan Law Review
Execution - Misdirection Of Process - Validity Of Amendment, Michigan Law Review
Michigan Law Review
A statute provided that where the writ of execution requires the delivery of real or personal property, it "must" be issued to the sheriff of the county where the property is situated. The judgment debtor had some money deposited with the defendant bank in Y county on which plaintiff sought execution. The writ was directed to the sheriff of X county but was delivered to the sheriff of Y county. The writ was served on the defendant bank and the vice president of the bank made a return stating that the bank had no property in its possession, nor under …
Taxation - Gift Tax - Transfer In Pursuance Of An Antenuptial Agreement As A Taxable Gift, Michigan Law Review
Taxation - Gift Tax - Transfer In Pursuance Of An Antenuptial Agreement As A Taxable Gift, Michigan Law Review
Michigan Law Review
Plaintiff entered into an antenuptial agreement with his intended wife whereby she waived all rights which she might acquire by virtue of the marriage in certain stock which he owned. In consideration therefor, he transferred to her two annuities and an interest as tenant by the entirety in two parcels of real estate. Plaintiff contended that such transfers did not constitute taxable gifts, and the Board of Tax Appeals decided in his favor. Held, that the transfers were taxable gifts, for a waiver of marriage rights in the property of plaintiff pursuant to an antenuptial agreement did not constitute …
Joint Obligations- Effect Of Release Or Covenant Not To Sue, Michigan Law Review
Joint Obligations- Effect Of Release Or Covenant Not To Sue, Michigan Law Review
Michigan Law Review
Defendants mortgaged their farm to plaintiff and later conveyed to one Ahart, who assumed the mortgage indebtedness. In a written extension agreement between all three parties it was provided that the defendants and Ahart should be jointly and severally liable for the debt. After foreclosure proceedings were started, Ahart and the plaintiff entered into a written contract by which the plaintiff agreed to release Ahart from all personal liability on the mortgage indebtedness in consideration of a deed to the farm. Thereafter the plaintiff sought a deficiency judgment against the defendants. Held, the defendants were not discharged from their …