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Full-Text Articles in Law

Liens - Extent To Which Common-Law Artisan's Lien Has Been Supplanted By Statute, Arthur P. Boynton Dec 1938

Liens - Extent To Which Common-Law Artisan's Lien Has Been Supplanted By Statute, Arthur P. Boynton

Michigan Law Review

An artisan's lien is the right of a bailee, who by his labor, skill, or material adds value to the chattel of another at the request of the owner, directly or impliedly, to retain possession of the chattel until the reasonable value of his services has been paid. The right to this lien, which is a specific lien, is of common-law origin, and in the absence of anything inconsistent in the contract has long been extended to all artisans. This common-law artisan's lien, however, has been supplanted by statute in some respect in all but five states. In the other …


Adverse Possession - Requirements For Obtaining Title To A Cave By Adverse Possession, Donald M. Swope Dec 1938

Adverse Possession - Requirements For Obtaining Title To A Cave By Adverse Possession, Donald M. Swope

Michigan Law Review

Plaintiff and defendant were owners of adjoining properties. On defendant's land was located the only opening to a cavern, which a remote grantor of defendant discovered in 1893. Since that time, defendant and its immediate and remote grantors have improved the cave for visitors, and conducted persons through it upon the payment of an admission price. With wide publicity, this has continued for almost fifty years. Plaintiff first visited the cave in 1895, paying an admission fee for the privilege, and has visited it several times since. A part of said cave extended under real estate owned by plaintiff, but …


Adverse Possession - Severance Of Minerals And Surface - Adverse Possession As Affecting Title To The Minerals, John M. Ulman Dec 1938

Adverse Possession - Severance Of Minerals And Surface - Adverse Possession As Affecting Title To The Minerals, John M. Ulman

Michigan Law Review

The land in question was set aside by the state for school purposes. For some time prior to 1881 one Bailey had been in possession. At that time he and his children, to whom he had deeded parts of the land, conveyed the mineral interests to a grantee from whom plaintiff claims. At the time of the conveyance the evidence was insufficient to show title by adverse possession in Bailey. Bailey and his grantees, from whom defendant claims, remained in possession until this action was brought. The limitation ceased running against the state by an act of the legislature at …


Vendor And Purchaser - Right Of Vendor's Assignee To Specific Performance Where Contract Calls For Warranty Deed, Daniel Hodgman Nov 1938

Vendor And Purchaser - Right Of Vendor's Assignee To Specific Performance Where Contract Calls For Warranty Deed, Daniel Hodgman

Michigan Law Review

Vendor, a corporation, contracted to convey real estate to the vendee "by good and sufficient warranty deed, free of all incumbrances" upon payment of the purchase price by the vendee. The vendor assigned the contract to X as trustee and then went into receivership and liquidation. A new corporation was organized and the real estate subject to the contract was conveyed to it by the old corporation (vendor). The contract was then assigned to the new corporation by X, the trustee. The vendee being in default, the new corporation as assignee of the vendor sued the vendee for specific …


Constitutional Law - Validity Of Mortgage Moratorium Act - Effect Of Lapse Of Time On "Emergency'' Legislation, Ralph Winkler Jun 1938

Constitutional Law - Validity Of Mortgage Moratorium Act - Effect Of Lapse Of Time On "Emergency'' Legislation, Ralph Winkler

Michigan Law Review

A mortgage moratorium law was enacted in Nebraska in 1933. It was re-enacted in 1935 and again in 1937. The act recited that an emergency existed and that the law was adopted to provide for this condition. The instant case involved the constitutionality of this law. A majority of the court held that the law violated the due process clause and the contracts clause of the state constitution. While the court admitted that "land values have not been restored to the prices they had attained prior to March 1, 1934," nevertheless, "It appears that there is no crisis now prevailing …


Mortgages - Foreclosure Sale - Possibility Of Setting Aside Sale Because Of Probable Higher Bid, James W. Mehaffy Jun 1938

Mortgages - Foreclosure Sale - Possibility Of Setting Aside Sale Because Of Probable Higher Bid, James W. Mehaffy

Michigan Law Review

A trust deed secured a loan of $85,000. The mortgage was foreclosed, the trustee authorized to bid at the sale, and an upset price of $12,500 fixed. A stranger made a higher bid than the trustee, and the property was sold to him for $40,100. The trustee now seeks a resale, offering evidence to show that the property could bring $50,000 to $60,000 if the trustee bought it, remodeled the building, and had time to find a suitable purchaser. There was no question of a deficiency decree. Held, that the lower court erred in refusing to confirm the original …


Waters And Watercourses - Diversion - Reciprocal Easements Implied In Grant, Anthony L. Dividio Jun 1938

Waters And Watercourses - Diversion - Reciprocal Easements Implied In Grant, Anthony L. Dividio

Michigan Law Review

The village of Canastota, New York, by deed acquired title to land in which originated a stream, with the right "to take, use and divert all said springs, streams and waters . . . or so much thereof as shall be necessary for the use of Canastota Water Works." Prior to this, the village had acquired from the lower riparian owners on the stream "all their title and interest, in and to the waters from the springs . . . the same to be forever, or so long as second party may desire, diverted . . . . " In …


Covenants - Effect Of Change Of Conditions On Equitable Restrictions, Dan K. Cook Jun 1938

Covenants - Effect Of Change Of Conditions On Equitable Restrictions, Dan K. Cook

Michigan Law Review

Plaintiff was a lot owner in a residential district consisting of twenty-three blocks. Each lot in the district was subject to a restriction, imposed by the grantor, which limited the use of the lots to residence purposes. Subsequent to the imposition of this restriction, numerous oil and gas wells had been drilled in the territory surrounding the district, so that the lots in the district had depreciated in value approximately thirty-five to fifty per cent. By ordinance, the use zoning area which included the district had been changed from a residence use to an oil and gas use. At the …


Enforcement Of Land Taxes In West Virginia, J. G. Mcc. Jun 1938

Enforcement Of Land Taxes In West Virginia, J. G. Mcc.

West Virginia Law Review

No abstract provided.


Fixtures - Conditional Sales - Effect Of Recording Upon Subsequent Mortgagee Of The Realty, Michigan Law Review May 1938

Fixtures - Conditional Sales - Effect Of Recording Upon Subsequent Mortgagee Of The Realty, Michigan Law Review

Michigan Law Review

Two furnaces were sold and installed by plaintiff's assignor on a conditional sale contract that was duly recorded. The vendee then mortgaged the land on which the furnaces were annexed to the defendant. He defaulted on payments under the conditional sales contract and the plaintiff obtained a decree foreclosing the vendee's equity. Defendant filed a petition to have the decree vacated. Held, that as defendant was a subsequent mortgagee without notice the decree should be vacated. Twentieth Century Heating & Ventilating Co. v. Home Owners Loan Corp., 56 Ohio App. 188, 10 N. E. (2d) 229 (1937).


Waters And Watercourses - Navigable Waters - Dried-Up Lake - Reliction, Daniel Hodgman May 1938

Waters And Watercourses - Navigable Waters - Dried-Up Lake - Reliction, Daniel Hodgman

Michigan Law Review

A meandered lake, during periods of normal rainfall covering 3000 acres, due to years of drought completely dried up. Plaintiff, the owner of land abutting on the lake, sued the defendant, a stranger, who entered on the dry bed and cut hay, plaintiff claiming ownership of that part of the dry bed where the hay was cut as relicted land. Held, that the lake which was deemed navigable before it dried up was still a navigable lake although no water was in it; that as a navigable lake the ownership of the bed was in the state in trust …


Highways - Title Which An Abutter May Obtain In A Public Street By Adverse Possession, Michigan Law Review May 1938

Highways - Title Which An Abutter May Obtain In A Public Street By Adverse Possession, Michigan Law Review

Michigan Law Review

By the plat, the lots of P and D in the unincorporated village of Crescent were separated by a street sixty-six feet wide. Actually the street was never opened and only the twenty feet abutting P's property had been used as a way of access to land held by P and D and others. The remaining two-thirds of the street had been fenced by D and used by him as his for thirty years. P brought a statutory action to vacate the streets of the village. D cross-petitioned to have title to the fenced area quieted in him. Held …


Agency--Broker's Right To Commissions, W. G. W. Apr 1938

Agency--Broker's Right To Commissions, W. G. W.

West Virginia Law Review

No abstract provided.


Contracts - Acceptance By Mistake, Michigan Law Review Apr 1938

Contracts - Acceptance By Mistake, Michigan Law Review

Michigan Law Review

Plaintiff mailed to defendant's agent a written offer to purchase a piece of property. A check was mailed with the offer which was to be the initial payment for the land, if the offer was accepted. In the lower corner of the check was noted, "to be cashed when contract is signed." Defendant's agent acknowledged the check and affirmed the stipulation. He instructed his stenographer not to deposit the check, but she did so, inadvertently. Plaintiff received notice of the check's deposit before the agent attempted to return the credit. Plaintiff brought an action for specific performance. Held, that …


Contracts - Moral Obligation As Consideration - Promise To Pay For Benefits Previously Received, Michigan Law Review Apr 1938

Contracts - Moral Obligation As Consideration - Promise To Pay For Benefits Previously Received, Michigan Law Review

Michigan Law Review

Plaintiffs, assignees of an oil lease of land, after drilling a dry hole thereon, did not comply with the requirements of their agreement for further development within a stipulated time, in consequence of which there was a formal termination in accordance with the terms of the assignment. An extension of the lease, which the lessees obtained, was assigned to the defendants, who had knowledge of the foregoing circumstances and plaintiffs' claim of a property right in the dry hole. Defendants promised to pay plaintiffs for the use of the dry hole, but subsequently repudiated any liability on the promise. Held …


Equity - Contempt - Duration Of Imprisonment, Michigan Law Review Apr 1938

Equity - Contempt - Duration Of Imprisonment, Michigan Law Review

Michigan Law Review

Defendant, a trustee, refused to comply with a court order to turn over certain property to a receiver appointed by the court. She also refused to answer proper questions in a proceeding before a master. She was committed for contempt on January 5, 1934, to be held in jail till she complied with the court order and answered the questions. Her petition for release in July, 1937, was denied. Held, petition properly denied. Tegtmeyer v. Tegtmeyer, (Ill. App. 1937) 11 N. E. (2d) 657.


Taxation - Real Property Assessment, Wayne E. Bahler Apr 1938

Taxation - Real Property Assessment, Wayne E. Bahler

Michigan Law Review

Based upon the cost-depreciation method applicable to adjacent property, the assessment of the Detroit-Windsor tunnel and terminal resulted in taxes equal to forty-one per cent of the gross revenue for the depression years of 1931-1934; The federal district court enjoined the collection of such amount, and assessed the property by the capitalized income method (seven per cent) plus $3,500 for the value of possible future increased earnings. Upon appeal it was held that the injunction on the original levy be affirmed since the cost-depreciation method was erroneous and offensive to the Fourteenth Amendment in not taking account of depressions or …


Mortgages - Set-Off In Action Against Assuming Grantee On Third Party Beneficiary Theory, Anthony L. Dividio Mar 1938

Mortgages - Set-Off In Action Against Assuming Grantee On Third Party Beneficiary Theory, Anthony L. Dividio

Michigan Law Review

Evans and Fulmer entered into an agreement for an exchange of two pieces of property. Fulmer assumed two mortgages on the property conveyed to her. According to the agreement, Evans gave a first mortgage on the property conveyed to him to a third person and a second mortgage to Fulmer. Evans defaulted on the first mortgage assumed by him; Fulmer, who held the second mortgage, foreclosed and as a result suffered a $17,000 loss. Later, Evans regained possession of the promissory notes evidencing the second mortgage on the property conveyed to Fulmer, and assigned them to Goldfarb who sued Fulmer, …


Tourist Homes And Cabins As Inns, Lyman H. Cole Feb 1938

Tourist Homes And Cabins As Inns, Lyman H. Cole

Indiana Law Journal

No abstract provided.


Suretyship-Subrogation-Effect Of Release Of Surety After Partial Satisfaction Feb 1938

Suretyship-Subrogation-Effect Of Release Of Surety After Partial Satisfaction

Indiana Law Journal

No abstract provided.


Cognovit Notes-Collateral Security Feb 1938

Cognovit Notes-Collateral Security

Indiana Law Journal

No abstract provided.


Vendor And Purchaser - Equitable Conversion - Application To Obligation To Extinguish Forest Fires, Michigan Law Review Feb 1938

Vendor And Purchaser - Equitable Conversion - Application To Obligation To Extinguish Forest Fires, Michigan Law Review

Michigan Law Review

A Montana statute placed the burden of extinguishing forest fires on the person on whose "property" the fire occurred, and, on failure of such person to extinguish it, made him liable to reimburse any authorized unit that should do so. Fire broke out on property owned by D, and a Government unit extinguished it. Previous to such fire, D had contracted to sell the land to X under a contract giving X the right of possession. Held, by the doctrine of equitable conversion, X was the beneficial owner, and the land was not D's "property" so as …


Torts - Liability Of Landlord To Tenant For Disrepair, Michigan Law Review Feb 1938

Torts - Liability Of Landlord To Tenant For Disrepair, Michigan Law Review

Michigan Law Review

A landlord made an oral, month-to-month lease of premises to one Harris, who occupied the premises as a beauty shop in which he employed his wife. Both at the time of the letting and subsequently, an agent of the landlord agreed to repair a defective cellar stairway, but failed to do so. The lessee's wife was injured by the collapse of the stairway; thereupon, the tenant and his wife sued the landlord. A verdict was directed against the tenant and judgment non obstante veredicto was entered against the wife. The wife appealed. Held, even assuming the wife not contributorily …


Applications Of The Distinction Between Mortgages And Trust Deeds In California, Joseph M. Cormack, James B. Irsfeld Jr. Jan 1938

Applications Of The Distinction Between Mortgages And Trust Deeds In California, Joseph M. Cormack, James B. Irsfeld Jr.

Faculty Publications

No abstract provided.


Adverse Possession--Necessity Of Intent To Claim Land Unconditionally If Entry Is Through Mistake, James M. Terry Jan 1938

Adverse Possession--Necessity Of Intent To Claim Land Unconditionally If Entry Is Through Mistake, James M. Terry

Kentucky Law Journal

No abstract provided.


Kentucky Decisions On Future Interests, 1933-1937, W. Lewis Roberts Jan 1938

Kentucky Decisions On Future Interests, 1933-1937, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.


Fraud Or Misrepresentation By Purchaser Inducing Sale Of Shares Of Stock, William Q. De Funiak Jan 1938

Fraud Or Misrepresentation By Purchaser Inducing Sale Of Shares Of Stock, William Q. De Funiak

Kentucky Law Journal

No abstract provided.


Homesteads--Involuntary Confinement In Asylum Or Penitentiary As Constituting An Abandonment, Steven T. Bladek Jan 1938

Homesteads--Involuntary Confinement In Asylum Or Penitentiary As Constituting An Abandonment, Steven T. Bladek

Kentucky Law Journal

No abstract provided.


Conditional Sales—Legislation In The State Of Washington—Recent Legislation, Particularly Where Personality Is Attached To Buildings On Realty, Leslie J. Ayer Jan 1938

Conditional Sales—Legislation In The State Of Washington—Recent Legislation, Particularly Where Personality Is Attached To Buildings On Realty, Leslie J. Ayer

Washington Law Review

It is a well recognized principle of the common law that as between the vendor and vendee in a transaction involving property, they may by agreement fix the incidents which shall attach. The law is replete, however, with cases where a party in possession using the property creates a more or less deceptive appearance as to the ownership of the property so far as third parties are concerned. As between the vendor and a third party who has been misled, the law has taken into consideration not merely the objective incidents such as use and possession, but in addition the …


Direct Restraints Upon Alienation Of Fee Simple Estates - Covenant Against Occupancy By Negroes - Meade V. Dennistone Et Al. Jan 1938

Direct Restraints Upon Alienation Of Fee Simple Estates - Covenant Against Occupancy By Negroes - Meade V. Dennistone Et Al.

Maryland Law Review

No abstract provided.