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Articles 1 - 18 of 18
Full-Text Articles in Law
Future Interests - Restraints On Alienation - Option To Repurchase At A Fixed Price, Edward H. Hoenicke S.Ed.
Future Interests - Restraints On Alienation - Option To Repurchase At A Fixed Price, Edward H. Hoenicke S.Ed.
Michigan Law Review
Shortly after his second marriage in 1925, plaintiff deeded a house and two lots to the parents of his first wife. The grantees, along with the plaintiff, had occupied the premises since the first wife's death. The deed contained a provision that "if the second parties do not wish at any time to use the property as a home, the first parties shall have the first privilege to purchase the above described property at any future time at the price stated in this deed, viz., $4,000." In 1952, after the death of both grantees and when the property was worth …
Real Property - The Effect Of Zoning Ordinances On The Law Of Nuisance, Robert B. Fiske, Jr. S.Ed.
Real Property - The Effect Of Zoning Ordinances On The Law Of Nuisance, Robert B. Fiske, Jr. S.Ed.
Michigan Law Review
One of the most interesting and least explored questions in the law of property is the effect of zoning ordinances on the law of nuisance. Particularly interesting is the extent to which statutory authorization by zoning can legalize a use of land which, in the absence of a zoning ordinance, would constitute a nuisance. In order to understand this problem fully it is necessary to begin with a general analysis of the law of nuisance and the various classifications into which it has been divided by the courts.
Mcdermott: Deskbook On Land Titles And Land Law, Allan F. Smith
Mcdermott: Deskbook On Land Titles And Land Law, Allan F. Smith
Michigan Law Review
A Review of Deskbook on Land Titles and Land Law. By Thomas J. McDermott.
Taxation - Federal Income Tax - Renting Out A Single Home As A Trade Or Business For Purposes Of Capital Loss Carry-Over, Alice Austin S.Ed.
Taxation - Federal Income Tax - Renting Out A Single Home As A Trade Or Business For Purposes Of Capital Loss Carry-Over, Alice Austin S.Ed.
Michigan Law Review
Taxpayer, who was not in the real estate business and who was involved in only occasional real estate transactions, inherited a house which he rented out until he sold it at a loss. He treated the transaction as a capital loss, taking advantage of the capital loss carry-over provisions of the Internal Revenue Code. Deficiency assessments were levied against the taxpayer upon the theory that the loss sustained upon the sale of the house was an ordinary loss which could not be carried over to later years. Taxpayer paid the deficiency assessment and sued for a refund. The district court …
Real Property - Recording - Sufficiency Of Description For Notice, Elliott H. Levitas
Real Property - Recording - Sufficiency Of Description For Notice, Elliott H. Levitas
Michigan Law Review
The grantor owned the disputed property in Scurry County, Texas, when he purported to convey to A, by quit-claim deed, properties described as "all the oil, gas and mining leases ... located anywhere within the United States, most of which are located within the states of New Mexico, Kansas, Oklahoma, Louisiana and Texas." This instrument was recorded in Scurry County. Subsequently, the grantor executed a conveyance to B covering the Scurry County interests, and B, in turn, conveyed them to C. C's search of the record did not disclose the prior conveyance to A. In …
Real Property - Elimination Of The Straw Man In The Creation Of Joint Estates In Michigan, Edward H. Hoenicke S.Ed.
Real Property - Elimination Of The Straw Man In The Creation Of Joint Estates In Michigan, Edward H. Hoenicke S.Ed.
Michigan Law Review
That joint ownership is a popular form of holding title to real property is undeniable. A husband and wife are especially likely to consider this form of ownership as "natural" and desirable because it emphasizes the concept of marriage as a partnership and gives both partners control over and ownership in the family property. In addition to these factors, joint ownership is popular because of the right of survivorship which is incident to it. In this feature the layman sees, or thinks he sees, the opportunity to avoid a probate proceeding, the estate tax, and the lawyer's fee. It is …
Limitations Of Actions - Conversion, Irving L. Halpern
Limitations Of Actions - Conversion, Irving L. Halpern
Michigan Law Review
Defendant purchased and went into possession of land in 1944 at which time a logging donkey was upon the land. The donkey had been on defendant's land without having been moved or used since 1942. From 1944 to 1952 defendant made numerous inquiries as to the ownership of the donkey without success. Through various conveyances, beginning in 1946, and without any transfer of possession, plaintiff acquired title to the donkey in 1952. In May 1952, in order to further develop his land, defendant sold the donkey. In a suit by plaintiff for conversion of the donkey, the lower court ruled …
Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle
Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle
Michigan Law Review
Testator's will, executed in 1944, named his wife executrix and sole devisee. One month before his death in 1952 he entered into a detailed separation and property settlement agreement with her in which, though not referring directly to the will, the wife released any present, future or after-acquired interest in the same realty as was devised in the will. The widow's offering of the will for probate was contested by the heirs. The lower court directed a verdict for the contestants on the ground that the agreement operated to revoke the will. On appeal, held, reversed. Since neither a …
Bills And Notes - Holder In Due Course - Notice Of Infirmity In Instrument To Finance Company Closely Connected To Dealer, William G. Cloon, Jr. S.Ed.
Bills And Notes - Holder In Due Course - Notice Of Infirmity In Instrument To Finance Company Closely Connected To Dealer, William G. Cloon, Jr. S.Ed.
Michigan Law Review
The defendant purchased a car from a dealer who represented it to be a new demonstrator. In fact, the car was a used one. The defendant executed a negotiable note for the balance of the purchase price and a chattel mortgage on forms which were furnished the dealer by the plaintiff finance company. The dealer handled the paper, but the plaintiff was to finance the sale and the note was payable at the office of the plaintiff. Both the bill of sale and the chattel mortgage described the car as a new demonstrator. The note was indorsed in blank by …
Boundaries: Description V. Survey, Olin L. Browder, Jr.
Boundaries: Description V. Survey, Olin L. Browder, Jr.
Michigan Law Review
These propositions I first encountered as a student in law school. At that time they struck me as rather startling propositions, which could not be reconciled with other things I had learned about the law of conveyancing. I do not recall exactly how they were disposed of: whether they were to be regarded as the law on the subject or merely as a couple of striking aberrations. There were too many other matters demanding attention at that time to allow much fretting over so small a question. Upon returning to the classroom some years later-but now sitting on the other …
Real Property - General Scheme In Enforcement Of Restrictive Covenants, Herbert R. Brown
Real Property - General Scheme In Enforcement Of Restrictive Covenants, Herbert R. Brown
Michigan Law Review
Common grantor filed for record a plat of the subdivision in which defendant and plaintiff both own lots. Plaintiff alleged that the subdivision was restricted. Only three of fifteen subdivision deeds entered for record contained written restrictions, and the subdivision plat which had been filed did not show any restrictions. In an action brought by plaintiff to prevent the defendant from violating the alleged restrictions, held, temporary injunction restraining the defendant granted. The court found a general building scheme of which the defendant had actual notice when he purchased his lot.Womack v. Dean, (Tex. Civ. App. 1954) …
Conflict Of Laws -- Escheat Of Intangible Property To The State Of Situs, John F. Dodge, Jr S.Ed.
Conflict Of Laws -- Escheat Of Intangible Property To The State Of Situs, John F. Dodge, Jr S.Ed.
Michigan Law Review
The intestate died domiciled in California leaving no known heirs or next of kin. In addition to property in California adequate to pay his debts, the deceased left deposits in three New York banks. The domiciliary administrator, acting as ancillary administrator in New York, received the proceeds of the bank accounts, petitioned for judicial settlement, and requested payment of the ancillary estate to himself as domiciliary administrator. Held, the money should be paid to the Comptroller of the State of New York as abandoned property. In re Menschefrend's Estate, 283 App. Div. 463, 128 N.Y.S. (2d) 738 (1954).
Real Property - Grantor's Covenant To Insert Restrictions In Future Deeds As Personal Covenant, John B. Huck
Real Property - Grantor's Covenant To Insert Restrictions In Future Deeds As Personal Covenant, John B. Huck
Michigan Law Review
Certain farm owners, intending to subdivide the land, conveyed a lot to plaintiff by a deed restricting its use to residence purposes and providing that only single dwellings could be erected. The grantors covenanted to insert the same restrictions in future deeds to the rest of the land. Plaintiff recorded his deed. The grantors subsequently sold another lot to defendant church without inserting a similar restrictive covenant. Plaintiff brought suit to enjoin the erection of the church. On appeal from a decree for defendant, held, affirmed, three judges dissenting. The parties to the first deed, in providing for similar …
Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes
Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes
Michigan Law Review
Plaintiffs were employed to make improvements on defendant's building. While the work was in progress the roof was partially destroyed by £ire through no fault of plaintiffs. Necessary repairs were made without the express consent of the defendant, who was in Europe and who had left no one in charge of the building to act for him. The trial court entered judgment foreclosing a materialman's lien given by statute to "any person who shall, under oral or written contract with the owner of any tract or piece of land, perform labor or furnish material for the . . . repair …
Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright
Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright
Michigan Law Review
Title examiners, and more particularly their clients, have long suffered from a controversy-limited almost exclusively to Michigan- involving the methods by which the United States Treasury Department could perfect general federal tax liens. The December 1952 issue of the Michigan Law Review carried an article by the present writer pointing up the irreconcilable difference which has existed for a quarter of a century between the type of record notice which the Treasury was willing to provide prospective bona fide purchasers et al., and the quite different and more demanding type which the Michigan Legislature insisted upon if the local offices …
The Rule Against Perpetuities And Typical Oil And Gas Leases, David R. Macdonald S.Ed.
The Rule Against Perpetuities And Typical Oil And Gas Leases, David R. Macdonald S.Ed.
Michigan Law Review
This comment is concerned with the examination of various methods of creating future interests in gas and oil and the effect of the rule against perpetuities on these interests.
Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed.
Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed.
Michigan Law Review
It is the purpose of this comment to examine the legal consequences produced when the tranquility of the residential district is disturbed by governmental action.
Real Property - Restrictive Covenants - Termination By Declaratory Judgment, Edward H. Hoenicke
Real Property - Restrictive Covenants - Termination By Declaratory Judgment, Edward H. Hoenicke
Michigan Law Review
Appellant originally owned all of a certain tract of land upon which his home was built. In 1942 he conveyed one lot to the predecessor in title of the appellees, including in the deed a covenant restricting the lot to residential uses. Subsequently he conveyed three other lots carved from the original tract without inserting restrictive covenants in the deeds. The appellees brought suit for a declaratory judgment invalidating the restrictive covenant on their lot, and such judgment was granted. While an appeal from this decree was pending, appellant sold his home to a rural electric co-operative for admittedly commercial …