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Articles 6541 - 6570 of 8420

Full-Text Articles in Law

Book Review Of Family Property Settlements Future Interests, Oval A. Phipps Jun 1966

Book Review Of Family Property Settlements Future Interests, Oval A. Phipps

Journal of Legal Education

No abstract provided.


Some Municipal Annexation Problems In West Virginia, John Payne Scherer Jun 1966

Some Municipal Annexation Problems In West Virginia, John Payne Scherer

West Virginia Law Review

When a city or town in West Virginia desires to annex additional territory, it is frequently faced with perplexing problems in determining just what the proper procedures are. In some instances it is almost impossible to say with certainty whether certain annexation provisions of the code are applicable for a proposed annexation. One of the major problems is that the annexaton provisions of West Virginia's code are found in two separate chapters, chapter 8 and chapter 8A. The requirements for annexing additional territory are quite different in each of the two chapters. The purpose of this note is to examine …


Equity Exceeding Homestead Exemption Value Subject To Execution, Anon Jun 1966

Equity Exceeding Homestead Exemption Value Subject To Execution, Anon

Washington Law Review

An action was brought by the plaintiff widow to permanently enjoin a judgment creditor from satisfying a judgment on a community debt from the surplus equity in the homesteaded realty over the homestead exemption. Plaintiff and her husband, in 1956, filed a valid declaration of homestead on their residence in Washington, which was held as community property. In 1958, defendants were granted judgment against the plaintiff and her husband as a marital community. Plaintiff's husband died in 1961, and one of the defendants was appointed administratrix of his estate in Washington. A writ of execution was issued on defendant's judgment, …


Applicabiity Of Real Estate Sales Tax To Transfers For Benefit Of Unformed Corporation, Anon Jun 1966

Applicabiity Of Real Estate Sales Tax To Transfers For Benefit Of Unformed Corporation, Anon

Washington Law Review

A corporate promoter entered into an earnest money agreement which contemplated corporate purchase of real property. At the planned closing date, the incorporation process was incomplete. To avoid losing the property, the promoter entered into a real estate contract naming himself and two nominees as purchaser-trustees to hold the property in trust for the benefit of the proposed corporation. The one-percent real estate sales tax was paid by the seller, since the transfer to the trustees constituted a sale. One month later, the beneficiary was incorporated. Pursuant to the trust agreement, the trustees transferred the property to the corporation by …


Compensatioon For Condemnation Of Land Enhanced In Value By Agricultural Allotment, Anon Jun 1966

Compensatioon For Condemnation Of Land Enhanced In Value By Agricultural Allotment, Anon

Washington Law Review

Defendant's farm, including 550 acres devoted to production of cotton under an acreage allotment from the Department of Agriculture, was condemned by the federal government for an irrigation project. Defendant retained the right under section 1378 (a) of the Agricultural Adjustment Act to transfer its cotton quota to other property under its ownership, and did so. Trial before a jury resulted in an award to defendant based on the value of its property as a cotton farm, less the value of the section 1378 right retained. The government objected on the ground that the enhanced value to the land resulting …


Determination Of Time Of Taking Of Avigation Easement, Anon Jun 1966

Determination Of Time Of Taking Of Avigation Easement, Anon

Washington Law Review

Plaintiffs, owners of property lying under the flight path of planes using the airport owned and operated by defendant, brought inverse condemnation actions alleging defendant had acquired an avigation easement. Having concluded that the date of the taking was, as a matter of law, when the first regularly scheduled use of the runways in question began, the trial court dismissed the complaints because plaintiffs acquired their properties after that date. On appeal, a unanimous court reversed and remanded. Held: The taking of an avigation easement occurs, not when the first regularly scheduled commercial use of an airport commences, but when …


Creditors' Rights--Tort Liability For Fraudulent Conveyance, John Welton Fisher Ii Jun 1966

Creditors' Rights--Tort Liability For Fraudulent Conveyance, John Welton Fisher Ii

West Virginia Law Review

No abstract provided.


Status Of The Social Guest: A New Look, Jerry Franklin May 1966

Status Of The Social Guest: A New Look, Jerry Franklin

William & Mary Law Review

No abstract provided.


Land Trusts: Some Problems In Virginia, William C. Cowardin Jr. May 1966

Land Trusts: Some Problems In Virginia, William C. Cowardin Jr.

William & Mary Law Review

No abstract provided.


Passion And Prudence: Rent Withholding Under New York's Spiegel Law, Peter Simmons Apr 1966

Passion And Prudence: Rent Withholding Under New York's Spiegel Law, Peter Simmons

Buffalo Law Review

No abstract provided.


Adverse Possession Of Severable Minerals, William B. Stoebuck Apr 1966

Adverse Possession Of Severable Minerals, William B. Stoebuck

West Virginia Law Review

The subject of adverse possession is attended by such mystery that one might think it traceable to the druidic rather than late medieval period of English history. Existence of this mystery, needless as it may be, makes it worthwhile for any article on adverse possession to commence by establishing some basic concepts. Foremost among these is that, as understood today, adverse possession of another's land for the period of the statute limiting his right to recover it not only bars his remedy but creates in the disseisor an original title in fee simple. Thus, adverse possession gives the wrongful possessor …


Taxation--Constitutional Aspects Of Tangible Property Assessments, Edward Garfield Atkins Apr 1966

Taxation--Constitutional Aspects Of Tangible Property Assessments, Edward Garfield Atkins

West Virginia Law Review

No abstract provided.


Property--Involuntary Partition Of Jointly Owned Property, John I. Rogers Ii Apr 1966

Property--Involuntary Partition Of Jointly Owned Property, John I. Rogers Ii

West Virginia Law Review

No abstract provided.


Toward Uniform Guardianship Legislation, William F. Fratcher Apr 1966

Toward Uniform Guardianship Legislation, William F. Fratcher

Michigan Law Review

The Model Probate Code, part IV of which covers guardianship of the persons and property of infants and mental incompetents, was published in 1946 under the auspices of the University of Michigan Law School. It was prepared for the Probate Law Division of the Section of Real Property, Probate, and Trust Law of the American Bar Association by its Model Probate Code Committee in cooperation with the research staff of the Law School. No state has adopted the Model Probate Code in its entirety, but parts of it have been enacted in Arkansas, California, Colorado, Delaware, Hawaii, Illinois, Indiana, Missouri, …


Standing To Appeal Zoning Determinations: The "Aggrieved Person" Requirement, Alfred V. Boerner Apr 1966

Standing To Appeal Zoning Determinations: The "Aggrieved Person" Requirement, Alfred V. Boerner

Michigan Law Review

During the twentieth century the states have increasingly utilized their police power to control the use of land. All fifty states have now enacted zoning enabling legislation, much of which is based in whole or in part on the Standard State Zoning Enabling Act. Typically, these zoning acts, like the Standard Act, empower municipalities to promulgate land use regulations by dividing the municipality "into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this act ..." Most zoning acts specify that "all such regulations shall be uniform for each class …


Title Examination In Virginia. Sidney F. Parham, Jr., Marvin C. Bowling, Jr. Mar 1966

Title Examination In Virginia. Sidney F. Parham, Jr., Marvin C. Bowling, Jr.

Washington and Lee Law Review

No abstract provided.


Joint Tenancy: The Estate Lawyer's Continuing Burden, John E. Riecker Mar 1966

Joint Tenancy: The Estate Lawyer's Continuing Burden, John E. Riecker

Michigan Law Review

The discussion which follows will be divided into three major parts. First, it will be important to see why so much real and personal property remains in joint tenancy between husband and wife or in entireties tenancy. It has been almost eighteen years since Congress eliminated the necessity of holding property in this form in order to split income therefrom for income tax purposes. Is inertia the only reason for the popularity of joint ownership, or are there other reasons? Second, we shall review the familiar but false assumptions most laymen (and even a few attorneys) commonly make regarding the …


Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly Jan 1966

Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly

Villanova Law Review (1956 - )

No abstract provided.


A Comparative Analysis Of Civil Law Succession, George A. Pelletier Jr., Michael Roy Sonnenreich Jan 1966

A Comparative Analysis Of Civil Law Succession, George A. Pelletier Jr., Michael Roy Sonnenreich

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1966

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Transfers In Contemplation Of Death - The Golden Anniversary Of Chaos, Thomas C. Siekman Jan 1966

Transfers In Contemplation Of Death - The Golden Anniversary Of Chaos, Thomas C. Siekman

Villanova Law Review (1956 - )

No abstract provided.


Landlord's Retention Of Power To Control Premises, Jan S. Moskowitz Jan 1966

Landlord's Retention Of Power To Control Premises, Jan S. Moskowitz

Cleveland State Law Review

Generally, the landlord is under an affirmative obligation to exercise ordinary care to keep those parts of the premises over which he has retained possession and control in a reasonably safe condition. The test of possession and control is whether or not the landlord has the power and the right to admit people to or exclude them from the premises.


Just Compensation For Real Estate Condemnation, Thomas L. Dettelbach Jan 1966

Just Compensation For Real Estate Condemnation, Thomas L. Dettelbach

Cleveland State Law Review

The purpose of the requirement of just compensation contained in the United States Constitution, where private property is taken for public use, is to place the financial losses caused through public improvements on the public rather than entirely upon those who happen to lie in the path of the project. Since the nation is proliferating with everexpanding highways and urban renewal programs, and these programs involve the exercise of the power eminent domain, controversies related to fair value for property taken are numerous. Relatively few cases in modern times reach the Supreme Court, but through previous decisions, affirmed or cited …


Duty Of Landlord To Put Tenant Into Possession, Loraine P. O'Keefe Jan 1966

Duty Of Landlord To Put Tenant Into Possession, Loraine P. O'Keefe

Cleveland State Law Review

As pioneering judges base their decisions more and more on fairness and practicality, timeliness becomes an important test for any rule of law. This test becomes particularly pertinent when there exist, side by side, in connection with a single point of law, two irreconcilable views, both of which can boast of proud precedents and a heavy "weight of authority." Such are the two views in regard to the very old landlord-tenant problem with which we are here concerned: in the absence of an express provision, is there implied, in the lessor-lessee relationship itself, an obligation on the part of the …


Future Interests, Bertel M. Sparks Jan 1966

Future Interests, Bertel M. Sparks

Faculty Scholarship

No abstract provided.


"Primarily For Sale" In I.R.C Sections 1221 And 1231 Held To Mean "Principally For Sale" Rather Than "Substantially For Sale" --Malat V. Riddell (U.S. 1966), Michigan Law Review Jan 1966

"Primarily For Sale" In I.R.C Sections 1221 And 1231 Held To Mean "Principally For Sale" Rather Than "Substantially For Sale" --Malat V. Riddell (U.S. 1966), Michigan Law Review

Michigan Law Review

Sections 1221 and 1231 of the Internal Revenue Code disqualify from capital gains treatment profits derived from the sale or exchange of property "held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business." In deciding whether these sections deny capital gains treatment to profits realized by real estate dealers from the sale or exchange of land, the circuit courts, while examining similar facts in relation to the same criteria, have reached divergent conclusions. Two recent decisions, Municipal Bond Corp. v. Commissioner and Malat v. Riddell, illustrate these discordant results. In Municipal …


Future Interests--Implying A Requirement Of Survival In Future Interests: Continued Confusion--Schau V. Cecil, Michigan Law Review Jan 1966

Future Interests--Implying A Requirement Of Survival In Future Interests: Continued Confusion--Schau V. Cecil, Michigan Law Review

Michigan Law Review

Contingent future interests have caused considerable confusion in cases in which the holder of the future interest dies before the fulfillment of the condition. This confusion stems from a tendency by some courts to use the word "contingent" as a shorthand way of indicating that the interest holder must survive until a certain time or event. A future interest is correctly said to be "contingent" when it is subject to a condition, in addition to the termination of the prior estate, which must occur before the interest becomes a present estate. The two usages of the word are often overlapping, …


Notice And The "Deeds Out" Problem, William E. Ryckman Jr. Jan 1966

Notice And The "Deeds Out" Problem, William E. Ryckman Jr.

Michigan Law Review

When a grantor conveys land which has been subjected to easements or equitable servitudes in favor. of adjacent land previously conveyed by the grantor, there arises the serious question whether such interests are enforceable if the purchaser has not expressly taken the land subject to them. A cursory inspection of primary and secondary authority on the subject of easements and equitable servitudes would indicate that the answer depends upon whether, at the time of the sale, the purchaser of the "servient estate" has "notice" of the "burden" to which his land is allegedly subjected. It is the purpose of this …


Income Tax-Deductions-Lessor's Amortization Of The Amount By Which The Purchase Price Of Improved Realty Exceeds The Appraised Value Of Land-Bender V.United States, Michigan Law Review Jan 1966

Income Tax-Deductions-Lessor's Amortization Of The Amount By Which The Purchase Price Of Improved Realty Exceeds The Appraised Value Of Land-Bender V.United States, Michigan Law Review

Michigan Law Review

Taxpayer, upon being informed that his tenant would not renew his lease unless he could be assured of additional parking facilities, purchased three lots adjacent to the leasehold and immediately demolished the houses thereon in order to provide the necessary space. Since the owners of these residential properties knew of taxpayer's special need, taxpayer was forced to pay substantially more than the total appraised value of the land. In computing his income tax, taxpayer sought to amortize over the life of the lease the cost of razing the buildings and the amount of the purchase price in excess of the …


Zoning Change: Flexibility Vs. Stability, Herbert Goldman Jan 1966

Zoning Change: Flexibility Vs. Stability, Herbert Goldman

Maryland Law Review

No abstract provided.