Law Commons^™

Real Property - 1963 Tennessee Survey, Thomas G. Roady, Jr.

Vanderbilt Law Review

I. DEEDS

A. Construction

B. Suit to set aside deed

C. Restrictive covenants

II. TITLES

A. Easements

B. Actual Possession as Notice to Purchaser

III. EMINENT DOMAIN

A. Right to Incidental Damages

B. Value of Fee and Leasehold

C. Determination of Area Condemned

D. Liability of City for Land Condemned

E. Procedural Problems

IV. LEGISLATION

Executors And Administrators-Sale Of Realty In The Estate-Better Price As Reason For Permitting Sale Under "Best Interests Of The Estate" Provision, William J. Bogaard

Michigan Law Review

Pursuant to a Missouri statute permitting sale of real property for any purpose in the best interests of the estate, administrator filed a petition for power to sell realty in the estate of the decedent for the reason, inter alia, that a better price could be obtained at a private sale than at a judicial sale resulting from a suit for partition. The plaintiff heir's subsequent bill for partition of the real estate was dismissed by the trial court, which found that the administrator's petition for power to sell had conferred jurisdiction of the property on the probate court. …

Restitution - 1963 Tennessee Survey, J. Brad Reed

Vanderbilt Law Review

Constructive trusts are related to the field of trusts in somewhat the same way that quasi-contracts are today related to the field of contracts-in misnomer only. A judicial declaration of a constructive trust means simply that the holder of legal title to the property affected, must convey it to the person for whose benefit the constructive trust is declared.' The primary efficacy of this equitable remedy is that it gives the successful complainant a preference over all the defendant's creditors; its theory is not that the complainant is trying to reach the defendant's property, but rather that the property which …

State And Local Taxation -- 1963 Tennessee Survey, Paul I. Hartman

Vanderbilt Law Review

I. Excise Tax--Entire Net Income of Domestic Corporation Engaged in Multistate Operations Attributable to Tennessee

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II. Privilege Tax as Applied to Foreign Corporation--Orders Solicited in State Accepted in Foreign State

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III. Applicability of Tax for Privilege of Doing Business to Foreign Corporation--Sufficiency of Local Activity

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IV. Use Tax--Exclusion if Subject to Sales Tax

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V. Franchise Tax--Leased Property Included in Measure

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VI. Privilege Tax on Persons Engaged in Business of Collecting Accounts--Deductability of Attorney's Fees from Gross Collections

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VII. Ad Valorem Tax--Applicability to Non-Domiciliary Interstate Motor Carriers

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VIII. Exemption of Religious Institution from Property …

Property--Joint Tenancy In Join Bank Accounts, John Ralph Lukens

West Virginia Law Review

No abstract provided.

Washington's Alien Land Law—Its Constitutionality, Theordore Roodner

Washington Law Review

The law, currently extant in Washington, denying aliens who have not declared their intention in good faith to become citizens of the United States the right to own land, and the constitutional provision to the same effect have their beginnings in prejudice and mob violence. Although the modern application of the law has been directed almost solely at the Japanese residents of the state, at its inception it was probably aimed at the Chinese.

Eminent Domain-Urban Renewal-Broader Powers To Take Private Property For Public Use, Roger L. Mcmanus

Michigan Law Review

Defendant city instituted a comprehensive urban redevelopment plan under which condemnation and purchase of blighted property would be followed by extensive demolition and clearance. This land was then to be sold subject to certain use restrictions to private developers, chiefly for light industry. Plaintiff, an owner of real estate described as "improved and enhanced with . . . a good, sound, sanitary, modem and well-kept building," brought an action in a lower state court seeking a declaratory judgment against the constitutionality of the Washington Urban Renewal Law, and an injunction to prevent defendant city from condemning his property under the …

Book Reviews, Joseph Trachtman, Philip A. Trautman, Arthur Larson, A. Kenneth Pye, Walter F. Murphy, Norman Redlich, Leroy Kahn, Edwin W. Patterson, Frederick M. Hart, Curtis J. Berger, Wallace R. Bennett, W. W. Patterson

Journal of Legal Education

No abstract provided.

Subordination Of Mortgages For Future Advances To Federal Tax Liens

Washington and Lee Law Review

No abstract provided.

Uniform Commercial Code Article 9 Filing Procedures For Railroad, Utility, And Other Corporate Debtors: Some Suggestions, Daniel R. Elliott Jr.

Michigan Law Review

After a brief discussion of the provisions of Article 9 peculiarly applicable to the long-term mortgage, a portion of this comment will review the relevant statutes and case authority in force prior to the effective date of the Code in various states and still applicable in others. More specifically, it will examine the special treatment accorded certain types of corporate indentures, particularly those securing the debt of railroads and other public utilities. Second, an attempt will be made to explain the probable solutions to the problems raised by the filing requirements of Article 9 as promulgated in each jurisdiction and …

Housing Rehabilitation And The Pittsburgh Graded Property Tax, David C. Harrison

Duquesne Law Review

Few proposals regarding the sticky problem of slums and taxes can be said to be new. Yet, one of the oldest ideas, that of shifting part of the real property tax burden from buildings to land as a means of eliminating city slums, has received recent endorsement from individuals whose aims and influence combine to give it, if not youth itself, a new lease on life.

Real And Personal Property—Proceeds Of Fire Insurance Policy On Real Property Held By The Entirety May Be Divided As Of Right., Courtland R. Lavallee

Buffalo Law Review

No abstract provided.

An Appraisal Of Techniques To Preserve Open Space, Peter Ames Eveleth

Villanova Law Review (1956 - )

No abstract provided.

Qualifying Terms And Relief For Deficiency In Quantity In Land Sales - Carozza V. Peacock Land Corp., Lee M. Miller

Maryland Law Review

No abstract provided.

Amortization Of Non-Conforming Uses, Allan T. Fell

Maryland Law Review

No abstract provided.

Money Payment Requirements As Conditions To The Approval Of Subdivision Maps: Analysis And Prognosis, Michael B. Kean

Villanova Law Review (1956 - )

No abstract provided.

Slicing The Condemnation Pie: Compensable Interests Under Eminent Domain In Pennsylvania, Edward L. Snitzer

Villanova Law Review (1956 - )

No abstract provided.

Real Property - Leases - Rule Against Perpetuities Does Not Void An On Completion Lease Where The Interest Must Vest Within A Reasonable Time Which Is Less Than Twenty-One Years, Malcolm J. Gross

Villanova Law Review (1956 - )

No abstract provided.

Marketable Title In Pennsylvania, Conrad J. Desantis

Villanova Law Review (1956 - )

No abstract provided.

Change Of Neighborhood In Nuisance Cases, Martin A. Levitin

Cleveland State Law Review

The law of nuisance lies somewhere between the legal principle that each person may use his property as he sees fit, and the contradictory principle that he must so use it as not to injure the property or rights of his neighbors. With the growth of our nation, and its changing balance between rural and urban populations, the established principles of tort law as applied to nuisances evidence the "elastic adaptability" of the common law.

Fraud In Realty Transactions, David S. Lake

Cleveland State Law Review

In real estate transactions, the law will protect the innocent, unwary, and sometimes stupid, buyer from fraud, misrepresentation and deceit. This article presents a summary of that law, categorized according to the specific matter misrepresented (i.e., misrepresentations of value, income, size or quantity, and condition or quality).

Statute Of Frauds And Land Transactions, Brendan F. Brown

Cleveland State Law Review

The English Parliament enacted the Statute of Frauds in 1676 "for the prevention of many fraudulent practices which are commonly endeavoured to be upheld by perjury and subornation of perjury." It became effective the following year. These practices had become common as a result of the confusion, turmoil, and lawlessness which had accompanied and followed the English Civil War and the Restoration. They were peculiarly common in those categories of transactions which were included within the formalism prescribed by the Statute. Those categories related to land transactions, and to certain types of agreements involving personal property.

Compulsory Oil And Gas Unitization: Effect On Overriding Royalty Obligations- A Hypothetical Judgement Of The High Court Of Juristic Review In Peter Fox Brewing Co. V. Sohio Petroleum Co., Maurice H. Merrill

Michigan Law Review

Jus, Chief Justice. As should be well known, our practice is to sit in review of decisions presenting elements of difficulty, and concerning the propriety of which there seems reason for doubt. We have no jurisdiction to reverse, to modify, or to affirm. Our judgment must be confined to approval or to disapprobation, or to some position between these two extremes.

The Establishment Clause And The Ecumenical Movement, Robert C. Casad

Michigan Law Review

In recent years the Roman Catholic Church has begun to give tentative official support to the view that eventual reconciliation with the Protestants is feasible and desirable. The acceptance of the ecumenical ideal by the Roman Catholic Church removes virtually all doubt that in the ecumenical movement organized Christianity is facing an upheaval of major importance, comparable perhaps to the Reformation. It is not likely to lose force after a few years, as so many minor religious movements do. It is definitely under way, gaining momentum year by year. It is bound to have far-reaching effects and give rise to …

Recent Cases

University of Richmond Law Review

This article is a summary of the case law that occurred in 1964.

Eminent Domain--Qualifying The Non-Expert Witness, William H. Fortune

Kentucky Law Journal

No abstract provided.

Lien--Necessity Of Filing Statement Of Labor And Materials Furnished Or To Be Furnished Before Deed Is Recorded By Purchaser, James Avery Shuffett

Kentucky Law Journal

No abstract provided.

English Registered Conveyancing: A Study In Effective Land Transfer, Ted J. Fiflis

Publications

No abstract provided.

The Rule Of Announcement And Unlawful Entry: Miller V. United States And Ker V. California, G. Robert Blakey

Journal Articles

Mr. Justice Frankfurter, in his classic dissent in United States v. Rabinowitz, pointed out that "the safeguards of liberty have frequently been forged in controversies involving not very nice people." Few cases decided by the Supreme Court since Rabinowitz have better illustrated that observation than Miller v. United States and Ker v. California. This Article will consider the problems posed in the administration of federal criminal justice by the "liberty forged" in these two decisions.

Until the Miller decision in 1958, the Supreme Court had never squarely considered and decided a question of announcement and unlawful entry. It is therefore …

Mines And Minerals--Surface Transmission Of Electricity Under Implied Mining Rights, Charles David Mcmunn

West Virginia Law Review

No abstract provided.