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Articles 1 - 30 of 36
Full-Text Articles in Law
Conveyances By Husband And Wife Under The Revised Code, Leo Carlin
Conveyances By Husband And Wife Under The Revised Code, Leo Carlin
West Virginia Law Review
The formalities of conveyances involving the property rights of husband and wife have been much simplified in the Revised Code. The simplification has resulted largely from fundamental changes made in property rights arising from the marital relationship, the general effect of which is to place the husband and the wife on a parity with reference to the rights of each in the other's property and to divest the husband of his former control over the wife's disposition of her property. In order to have a full realization of the formalities and complications which have been abandoned, and to differentiate therefrom …
Clogging The Equity Of Redemption, C. C. Williams Jr.
Clogging The Equity Of Redemption, C. C. Williams Jr.
West Virginia Law Review
No abstract provided.
Nuisances--Injunctions--Pollution Of Stream By City--Balance Of Convenience, Charles W. Caldwell
Nuisances--Injunctions--Pollution Of Stream By City--Balance Of Convenience, Charles W. Caldwell
West Virginia Law Review
No abstract provided.
The Right Of A Lessee To Discontinue The Payment Of Rentals When The Product Of A Gas Well Cannot Be Utilized Off The Premises, Robert T. Donley
The Right Of A Lessee To Discontinue The Payment Of Rentals When The Product Of A Gas Well Cannot Be Utilized Off The Premises, Robert T. Donley
West Virginia Law Review
No abstract provided.
Mines And Minerals--Specific Performance--Effect Of Acceptance Of Delay Rental, William F. Wunschel
Mines And Minerals--Specific Performance--Effect Of Acceptance Of Delay Rental, William F. Wunschel
West Virginia Law Review
No abstract provided.
Prohibition--Equitable Clean Hands Doctrine As A Ground For Denial Of The Writ, Paul D. Farr
Prohibition--Equitable Clean Hands Doctrine As A Ground For Denial Of The Writ, Paul D. Farr
West Virginia Law Review
No abstract provided.
Mortgages - Necessity Of Making A Lessee A Party To The Foreclosure Of A Prior Mortgage
Mortgages - Necessity Of Making A Lessee A Party To The Foreclosure Of A Prior Mortgage
Michigan Law Review
A mortgagee foreclosed by a bill in equity without making a lessee, under a lease executed subsequent to the mortgage, a party. In a suit by the purchaser at the foreclosure sale to recover rent from the lessee the court held that the foreclosure put an end to the term and the obligation to pay rent notwithstanding the fact that the lessee was not made a party to the foreclosure proceedings. Dolese v. Bellows-Claude Neon Co., 261 Mich. 57,245 N. W. 569 (1932).
Equity- Declaratory Judgment -Injunction To Protect Right In Easement
Equity- Declaratory Judgment -Injunction To Protect Right In Easement
Michigan Law Review
Defendant owned a piece of land in a city block, and plaintiff owned an ad joining piece of land together with an easement for light and air upon a contiguous strip of defendant's land 4 feet wide and 90 feet long. Plaintiff's land alongside the strip was vacant, and he had no immediate intention of building thereon. Defendant erected an office building on his land, constructing an outside stairway on the 4 x 90 foot strip. Plaintiff asked for a mandatory injunction compelling defendant to remove the stairway, stating in his argument before the court that though he had no …
Fixtures - Fraud As Basis Of Implied Contract To Retain Status Of Personal Ty After Annexation
Fixtures - Fraud As Basis Of Implied Contract To Retain Status Of Personal Ty After Annexation
Michigan Law Review
S, owner of a farm upon which the defendant held a first mortgage, purchased from the plaintiff, a lumber dealer, building material for the definite purpose of constructing a substantial barn upon the farm. Plaintiff was induced to make the sale in reliance upon fraudulent representations made by S. After the barn was built the plaintiff discovered the fraud. He then brought suit to establish his right to remove the barn, contending that the fraud constituted an implied agreement that the building was to be personal property. Held that, under the circumstances, as a matter of law the …
Pleadings-Construction-Plaintiff Must Allege Compliance With Statute
Pleadings-Construction-Plaintiff Must Allege Compliance With Statute
Indiana Law Journal
No abstract provided.
Caveat, Robert T. Donely
Real Property--Transfer Of Surface Reserving Mineral Interests--Right To Subjacent Support, Bonn Brown
Real Property--Transfer Of Surface Reserving Mineral Interests--Right To Subjacent Support, Bonn Brown
West Virginia Law Review
No abstract provided.
Mortgages - Assignment Of Rents And Profits - Michigan Statute
Mortgages - Assignment Of Rents And Profits - Michigan Statute
Michigan Law Review
There may be times when legislative action is so obviously dependent upon contemporary circumstances, or when its roots lie so near the chronological surface, that no study of background is possible or necessary. Such is not the case, however, with anything relating to mortgage law; it is too deeply imbedded in our legal system. And though its history be familiar it is felt that a brief review will not be out of place in considering a comparatively recent Michigan statute authorizing the assignment of rents and profits.
Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches
Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches
Michigan Law Review
May the littoral owner whose summer cottage abuts on one of the Great Lakes bring actions of trespass quare clausum against pedestrians who traverse the sand beach which lies at the aquatic terminus of his property? To state the same problem in different form, may he build a lateral line fence designed to exclude the public from that segment of the lake-side beach which he claims as his? The question has never been directly decided by the supreme court of any State, yet it is a source of constant strife between littoral owners who desire privacy and seclusion, and strolling …
The Modern Corporation And Private Property, By Adolf A. Berle Jr. And Gardiner C. Means, Daniel James
The Modern Corporation And Private Property, By Adolf A. Berle Jr. And Gardiner C. Means, Daniel James
Indiana Law Journal
No abstract provided.
Taxation - Priority Of Realty Taxes In Receivership
Taxation - Priority Of Realty Taxes In Receivership
Michigan Law Review
The question of the priority of realty taxes has seldom arisen in receiverships, for the statutes in practically every jurisdiction have made the tax a lien on the land. The statutes are so worded that the tax lien takes precedence over mortgages, labor liens, and all other forms of encumbrances and claims. In times of greatly depleted land values it may happen that the unpaid taxes amount to more than the market value of the property. In such a case is the State to be treated as a general creditor for the amount of the deficiency or is it to …
Easements - Creation By Implied Grant-Land Conveyed For A Specific Purpose
Easements - Creation By Implied Grant-Land Conveyed For A Specific Purpose
Michigan Law Review
The defendant owned property next to a lake which he subdivided into residential lots for the purpose of establishing a summer resort colony. In 1924 he sold one of the lots some distance back from the lake to the plaintiff, and during the negotiations for such sale it was represented that all the lots which bordered on the lake, both in front of and on both sides of the plaintiff's lot, would be improved as a park, that no buildings would be put upon them, and that the plaintiff would have a quiet summer home with an unobstructed view of …
Life Estates - Oil And Gas -Effect Of Lease By Life Tenant
Life Estates - Oil And Gas -Effect Of Lease By Life Tenant
Michigan Law Review
The plaintiff, a remainderman, granted an "oil and gas lease to X, subject to the rights of the tenant by curtesy, Anderson. Anderson, seven years later, granted an "oil and gas lease" in the same premises to Y. Eventually both leases were acquired by the defendant who entered upon the land and drilled for oil. Anderson contended that he was entitled not only to the royalty stipulated in the lease made by him, but also to receive for his lifetime the income from the proceeds of the sale of the royalty for which the remainderman stipulated. The defendant …
Vendor -Purchaser-Prospective Inability Of Vendor To Convey
Vendor -Purchaser-Prospective Inability Of Vendor To Convey
Michigan Law Review
In a contract for the sale of sixty-three lots of a subdivision, the defendant agreed to take the purchase money by installments extending over a period of eighteen months, and promised to convey the premises free from encumbrances when twenty-five per cent of the sale price was paid. While the plaintiff was not in default the defendant mortgaged the entire subdivision to one who was not charged with notice, to secure the payment of bonds some of which did not mature for five years. Stipulations m the mortgage allowed the release of any lot on deposit with the mortgagee of …
Real Property-Tenancy In Common-Life Interest-Judicial Sale-Partition
Real Property-Tenancy In Common-Life Interest-Judicial Sale-Partition
Indiana Law Journal
No abstract provided.
Finders -Lost Article In Taxicab
Finders -Lost Article In Taxicab
Michigan Law Review
X and Y, government agents, were taking A and B, bribery suspects, to the station in a taxicab. X thought he saw A drop something on the floor. When the cab reached its destination X picked up, from under the collapsible seat, a roll of bills, the ownership of which A denied. The bills were subsequently used in evidence against A and B. Petitioner, the driver of the cab, now claims the money on the ground that it was found on the floor of his cab and the real owner had not appeared. Held, petition dismissed because …
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Michigan Law Review
County officials forcibly ejected plaintiff from five acres of his land, harvested and used plaintiff's oat crop thereon, and converted the land into a road. Held, that although a county, being an agency of the State, is not liable in tort in the absence of statute, the tort may be waived and recovery allowed on the implied promise to pay for the taking of private property for public use without just compensation. Kerns v. Couch, (Or. 1932) 12 Pac. (2d) 1011.
Assignment And Sublease, Leon H. Wallace
Real Property-Conditions Subsequent In Deeds
Real Property-Conditions Subsequent In Deeds
Indiana Law Journal
No abstract provided.
Contracts - Champerty
Michigan Law Review
Plaintiff leased her lands to defendant under a void oil and gas lease. One Johnston induced plaintiff to enter into a contract with him whereby Johnston agreed to pay the costs of a bill to cancel the lease in return for a new lease to himself should the bill be successful. Accordingly, this suit was brought to cancel the lease. The court, agreeing that the existing lease was void, nevertheless dismissed the bill on the ground that the contract between Johnston and plaintiff was void as against public policy, and that plaintiff had no standing in equity. Of the eight …
Mortgagability Of Rents, Profits, Appointment Of Receivers, J. C. Pearl
Mortgagability Of Rents, Profits, Appointment Of Receivers, J. C. Pearl
Washington Law Review
The prevailing view, and the one which has always been adopted in Washington, is that a mortgage upon realty creates merely a lien thereon and does not pass title thereto, either before or after condition broken, Hyde v. Heller; Dane v. Dansel; Fischer v. Woodruff; this view being codified by an act of the territorial legislature of 1869 providing that "A mortgage of real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law."
Specific Performance--Forcing Release Of Inchoate Dower Under Statutory Scheme, Kingsley R. Smith
Specific Performance--Forcing Release Of Inchoate Dower Under Statutory Scheme, Kingsley R. Smith
West Virginia Law Review
No abstract provided.
Constitutional Law--Tax-Exemption Of Realty Purchase With War Insurance Payments, Jack C. Burdett
Constitutional Law--Tax-Exemption Of Realty Purchase With War Insurance Payments, Jack C. Burdett
West Virginia Law Review
No abstract provided.
Servitudes: Legal And Equitable, James O'Keefe Jr.
Servitudes: Legal And Equitable, James O'Keefe Jr.
Student Theses
The purpose of this treatise is to trace the development, generally, of the law of "servitudes" from its early consideration through the different legal systems, up to the present period of legal history.
Real Property-Boundaries-Apportionment Of Excess Or Deficiency
Real Property-Boundaries-Apportionment Of Excess Or Deficiency
Indiana Law Journal
No abstract provided.