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Articles 1 - 17 of 17
Full-Text Articles in Law
Real Property - Easements - Right To Take Water From A Pond As Absolute, Exclusive Profit In Gross, Stephen J. Martin S.Ed.
Real Property - Easements - Right To Take Water From A Pond As Absolute, Exclusive Profit In Gross, Stephen J. Martin S.Ed.
Michigan Law Review
One Divine owned a small natural lake and a mill nearby. He dammed the lake, and ran a pipe from it to his mill. At times he sold water after it left the mill to defendant's assignor, who owned a hotel near the mill. In 1919 Divine sold the lake to plaintiff's assignor, reserving to himself the right to dam the lake and draw off water from it, so long as the level stayed between high and low water marks. Then Divine sold the mill lot to defendant's assignor, who closed it down, but continued to take water through the …
Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi
Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi
Michigan Law Review
It is the purpose of this comment to examine the skills which courts have developed to avoid inequitable results which might arise from forfeiture of estates, and, further, to attempt to demonstrate that judicial opinion may be in a transitional stage, tending to incorporate into law the equitable doctrine of change of conditions in disposing of cases involving rights of entry and possibilities of reverter.
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Michigan Law Review
Questions involving the rights, duties, powers, privileges, and immunities of parties to contracts to devise or bequeath are frequently raised prior to the death of the party promising to make the devise or bequest. In essence the problem is one of analyzing the legal relationships existing prior to the date set for performance. An analysis of these relationships is undertaken in this article. Vital questions concerning the formation of such contracts and their enforcement after the promisor's death are considered only when they appear essential to the development of the main theme which concerns the contract's effect prior to the …
Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.
Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.
Michigan Law Review
The duties of a landowner toward one who enters the land without consent may no longer be determined, in many cases, by merely stating the fact that the intruder is a trespasser whose presence is unknown to the landowner. This comment will discuss an area in which the relationship of landowner and trespasser inter se has been greatly altered, and will deal in particular with a class of cases which serve to limit the expanded rights of the trespasser.
Future Interests - Rule Against Perpetuities - Applicability Of The Rule To An Option To Purchase Incident To A Lease, Donald M. Wilkinson, Jr. S.Ed.
Future Interests - Rule Against Perpetuities - Applicability Of The Rule To An Option To Purchase Incident To A Lease, Donald M. Wilkinson, Jr. S.Ed.
Michigan Law Review
Plaintiffs' testator ''leased" certain land to the defendants' assignor for a period of twenty-eight years, the latter contracting to pay $1,200 annually and to pay all taxes and assessments against the land during that period. The instrument also contained a clause whereby plaintiffs' testator contracted to convey in fee to defendants' assignor at the expiration of the twenty-eight year period, upon the latter's making a payment of one dollar. During the twenty-eight year period considerable improvements were made on the land. At the expiration of the period plaintiffs sought a declaration of rights and obligations of the parties under the …
Insurance - Recovery - Rights Of Mortgagee Under Mortgagor's Insurance, Robert B. Fiske, Jr. S.Ed.
Insurance - Recovery - Rights Of Mortgagee Under Mortgagor's Insurance, Robert B. Fiske, Jr. S.Ed.
Michigan Law Review
Defendant issued a policy of fire insurance on an automobile plaintiff had purchased with money borrowed from one Hansen, to whom a note and a chattel mortgage were given as security for the debt. A week after the policy was issued naming plaintiff as the insured, defendant executed an amendment to the policy in the form of an endorsement reading, "Less if any ... shall be paid to the insured and Charles H. Hansen as their interests may appear." The policy provided that it should not apply while the car was subject to any mortgage or other encumbrance not specifically …
Securities - Sufficiency Of The Property Description And Its Relations To The Notice Provided By A Recorded Chattel Mortgage, Judson M. Werbelow S.Ed.
Securities - Sufficiency Of The Property Description And Its Relations To The Notice Provided By A Recorded Chattel Mortgage, Judson M. Werbelow S.Ed.
Michigan Law Review
The primary aims of this comment are to point out what the law requires in the nature of description, to analyze the value of these requirements in the light of the recording acts, to examine possible alternative security devices, and to suggest some useful steps that may be taken to augment the present system.
Constitutional Law-Congressional Powers-Validity Of The 1953 Submerged Lands Act, William D. Keeler
Constitutional Law-Congressional Powers-Validity Of The 1953 Submerged Lands Act, William D. Keeler
Michigan Law Review
In 1947 and 1950 the Supreme Court held that the coastal states had no property interest in the submerged lands lying seaward from the low water mark, whether ownership of this land was held by the state prior to admission into the Union or not, and that the federal government had paramount rights in and power over this land, including the resources of the soil beneath it. In 1953 Congress passed, and the President signed, the Submerged Lands Act, which vested in the coastal states title to and proprietary power over this land. Alabama and Rhode Island petitioned the Court …
Real Property-Vendor And Purchaser-Effect Of Notoriuos Easement On Land Contract To Convey "Free Of Encumbrances", David Macdonald
Real Property-Vendor And Purchaser-Effect Of Notoriuos Easement On Land Contract To Convey "Free Of Encumbrances", David Macdonald
Michigan Law Review
Vendor contracted to convey land to purchaser by a deed which was to contain a covenant against encumbrances. A public easement of way over the property was outstanding, and on part of this easement a gravel road had been built. Purchaser paid some instalments and took possession but, upon learning of the easement, sued to rescind. The trial court found that the easement would have been discovered by a reasonable investigation, and therefore the contract did not protect purchaser from this easement. On appeal, held, affirmed. A contract to convey real estate free of encumbrances does not refer to …
Municipal Corporations-Zoning-Right Of Municipality And Property Owners Therein To Object To Amendment Of Zoning Ordinance Of Adjacent Municipality, Howard N. Thiele, Jr.
Municipal Corporations-Zoning-Right Of Municipality And Property Owners Therein To Object To Amendment Of Zoning Ordinance Of Adjacent Municipality, Howard N. Thiele, Jr.
Michigan Law Review
The borough of Dumont in New Jersey amended its zoning ordinance to change one city block from a residential area to a district in which business user would be permissible. The amendment occasioned objections By certain boroughs which were adjacent to the reclassified block, property owners in the adjacent boroughs, property owners in Dumont, and property owners in the block itself. On suit in lieu of prerogative writ by these parties, held, ordinance set aside. Where several boroughs are adjacent to the block of the defendant borough, and in reliance on the residential character of the whole area single …
Real Property-Easements By Prescription-Use Of Presumption, Robert B. Olsen
Real Property-Easements By Prescription-Use Of Presumption, Robert B. Olsen
Michigan Law Review
Plaintiffs sought to enjoin defendants from using a driveway located on plaintiffs' property. Defendants counterclaimed to have an easement by prescription declared. The parties occupied adjacent city lots. Defendants' predecessor began using the driveway in 1920 without seeking permission from plaintiffs' predecessor. The respective predecessors were on friendly terms at the inception of the user. Defendants and their predecessors made minor repairs to the driveway and claimed at the trial that they had constantly used it as their own. In 1936, two years after plaintiffs acquired full title to their lot, their predecessor executed an abortive quit-claim deed to the …
Creation Of Joint Rights Between Husband And Wife In Personal Property: Ii, R. Bruce Townsend
Creation Of Joint Rights Between Husband And Wife In Personal Property: Ii, R. Bruce Townsend
Michigan Law Review
The net effect of the general legislation pertaining to the creation of joint tenancy has been to make lawyers sensitive to language expressing an intent to create joint tenancy, tenancy by the entireties and other types of survivorship rights which may or may not fall within the foregoing concepts. And so the law has busied itself with the task of giving technical meanings to words used by members of the public in their efforts to create joint rights in property-a task that has not been fully appreciated by people who acquire personal property from bankers, brokers, clerks and the like …
Mortgages-Assignment Of Rents And Profits-New Michigan Statutory Treatment, J. David Voss S.Ed.
Mortgages-Assignment Of Rents And Profits-New Michigan Statutory Treatment, J. David Voss S.Ed.
Michigan Law Review
The Michigan legislature recently approved an act which affects the validity of assignments of rents in or in connection with mortgages on industrial or commercial property. To understand the impact of the new legislation, it is necessary to refer to the general mortgage law of Michigan. In particular, a similar act passed in 1925 relating to trust mortgages is an aid in construing the new act.
Municipal Corporations-Special Assessments-Method Of Review Where A Special Assessment Is Levied On A Railroad Right-Of-Way, Judson M. Werbelow S.Ed.
Municipal Corporations-Special Assessments-Method Of Review Where A Special Assessment Is Levied On A Railroad Right-Of-Way, Judson M. Werbelow S.Ed.
Michigan Law Review
Defendant municipality made surface and curb improvements on a street located near plaintiff railroad's right-of-way. Four parcels of land, each containing a house, separated the right-of-way from the street on which the improvements were made. Plaintiff's right-of-way contained a single set of railroad tracks over which plaintiff's trains traveled. Property owners in the improvement district were assessed a total of $13,220.90 for the improvements, $4,715.53 of this special assessment being levied on plaintiff's right-of-way. Plaintiff brought suit to enjoin collection of that part of the special assessment which was levied on its property. The trial court found that the improvement …
Future Interests - Restraints On Alienation - Same Rules Applicable To Restraints On Future And Possessory Interests, Chester F. Relyea S.Ed.
Future Interests - Restraints On Alienation - Same Rules Applicable To Restraints On Future And Possessory Interests, Chester F. Relyea S.Ed.
Michigan Law Review
Testator devised real estate to his wife for life, remainder to his children, "with the following understanding," that should any child attempt to dispose of his interest before the death of the testator's wife, that child would forfeit his share and it would go to the remaining children. After the death of the testator, but before the death of his widow, one son conveyed away his interest in the property. In a suit for the partition of the real estate devised by the testator; held, on appeal, restraints on the alienation of vested estates in fee simple are against …
Advancements: Iii, Harold I. Elbert
Advancements: Iii, Harold I. Elbert
Michigan Law Review
Many states have statutes which provide that support, maintenance and education of a child will not be considered an advancement unless the parent intended it as such. The Kentucky statute is typical and it reads in part as follows: " . . . the maintaining or educating or the giving of money, to a child or grandchild without any view to a portion or settlement in life, shall not be deemed an advancement." Most states do not have statutes of that type but by judicial decision reach a result that is in accord with the statutory provision just quoted.
Basye: Clearing Land Titles, Allan F. Smith
Basye: Clearing Land Titles, Allan F. Smith
Michigan Law Review
A Review of Clearing Land Titles. By Paul E. Basye.