Law Commons^™

Restrictive Covenants--Right To Compensation In Eminent Domain Proceedings, R. M.

West Virginia Law Review

No abstract provided.

Real Property - Joint Tenancy - Effect Of Contract To Convery By Joint Tenants Of Entire Interest In Property As A Severance Of The Joint Tenancy, George W. Marti

Michigan Law Review

H and W, as owners of certain real state in joint tenancy with rights of survivorship, contracted to convey this property. Prior to conveyance, and while part of the purchase price still remained to be paid, H died. Petitioner, an heir of H, brought action in equity for a declaratory judgment to determine the effect of a contract to convey land held in joint tenancy. The lower court held the joint tenancy had been terminated by the contract of sale and the contract to convey was held by H and W as tenants in common so that on …

Real Property - Adverse Possession - Title Acquired By Husband And Wife, Richard S. Rosenthal, George F. Lynch S.Ed.

Michigan Law Review

John and Maltie Preston moved onto a parcel of land in 1910 where they lived until 1950 when John died intestate. Maltie died intestate in 1954. Title to the land had been perfected by twenty years adverse possession. Evidence showed that the adverse possession was intended to inure to their joint benefit. Complainants, collateral heirs of John, sued in ejectment claiming that John took the whole title by exclusive adverse possession. Defendants, collateral heirs of Maltie, claimed a tenancy by the entirety had been created, with the survivor, Maltie, becoming the sole owner. The court of appeals ruled that the …

Constitutional Law - Due Process - Adequacy Of Notice By Publication, Cyril Moscow S.Ed.

Michigan Law Review

In condemnation proceedings instituted by a city against a landowner, notice of proceedings to determine his compensation was given only by publication in the official city newspaper. The statute in force called for notice either in writing or by publication. After the time authorized for appeal from a compensation award had elapsed, the landowner brought an equitable action to enjoin the city from entering upon the property, alleging that he knew nothing of the condemnation proceedings until after the time for appeal had passed. The trial court denied relief, holding that the newspaper publication was sufficient notice to meet due …

Real Property - Landlord And Tenant - Lessor's Arbitrary Withholding Of Consent To Sublease, William G. Mateer S.Ed.

Michigan Law Review

Defendant leased a portion of plaintiff's building for a seven-year period. Contained in the lease was a covenant whereby the lessee agreed not to assign or sublet without the lessor's consent. One year prior to the expiration date of the lease, the defendant gave notice of his intention to vacate and submitted to the plaintiff a proposed sublease under which the premises would be rented to the Postmaster General of the United States. The plaintiff stipulated that the proposed sublessee was ready, able, and willing to assume the obligations of the original lease and was a proper sublessee in every …

Future Interests - Rule Against Perpetuities - Recent Kentucky Legislation Pertaining To Administrative Contingencies, Jules M. Perlberg S.Ed.

Michigan Law Review

A recent Kentucky amendment to its perpetuities statute follows the lead of Illinois in seeking a legislative solution to the problems inherent in applying the rule against perpetuities to administrative contingencies. The amendment provides, inter alia, that the vesting of any limitation of property "shall not be regarded as deferred for purposes of the rule against perpetuities or regarded as a suspension of the power of alienation of title to property merely because the limitation is made to the estate of a person, or to a personal representative, or to a trustee under a will, or to take effect on …

Simes & Smith: The Law Of Future Interests, Bertel M. Sparks

Michigan Law Review

A Review of The Law of Future Interests. 4 vols. By Lewis M. Simes and Allan F. Smith.

In Rem Tax Foreclosure—Notice, Robert J. Lane

Buffalo Law Review

Covey v. Town of Sommers, 351 U. S. 141 (1956).

Future Interests--Fee Simple Absolute Or Fee Simple Subject To A Condition Subsequent Or Fee Simple Determinable, R. M.

West Virginia Law Review

No abstract provided.

Eminent Domain - Restrictive Covenants - Compensability Of Equitable Servitudes, Thomas A. Troyer

Michigan Law Review

During appellee sanitation district's negotiations for the purchase of a tract of land owned by one Peterson, the eighteen appellants and thirty-seven other owners of land in the vicinity of Peterson's tract executed with Peterson and each other reciprocal covenants whereby each party agreed that his land should be restricted to certain uses, the use contemplated by appellee for Peterson's land being specifically excluded. When appellee and Peterson failed to reach an agreement in their negotiations and appellee filed a petition for condemnation of the land, appellants presented a cross-petition to the trial court, requesting that they be allowed to …

An Analysis Of Marriage Trends And Divorce Policies, Robert S. Redmount

Vanderbilt Law Review

Divorce law, theoretically, is the embodiment of policies governing the dissolution of marriage. It is the legal expression of the values attached to marriage and implicitly states the law's understanding of the marital relationship, at least that part of it that reflects conflict and disturbance.

The analytic discourse which follows briefly assesses the roles and meanings of marriage, the sources and consequences of marital disharmony and the complications of marriage dissolution. The history and composition of divorce policies and laws is carefully savored and sharply scrutinized for fidelity to the reason and experience of marriage. The outcome of this analysis …

Real Property - Easements - Implied Easement Of Access , Created By Conveyance With Reference To Plat, As Surviving Vacation Of Street, Allen Dewey

Michigan Law Review

Plaintiff sued to recover his deposit and search fee on a contract for the purchase of lands, a valuable part of which lay within the limits of two vacated streets. He contended the title was unmarketable because all owners of lands conveyed with reference to a plat showing these streets had by those conveyances acquired easements of access which survived the subsequent vacation of the streets by municipal authorities. The vacated streets had never been used and there were no physical indicia of them. Evidence showed all the lots on the map had access to the public highway system without …

Trusts - Improved Real Estate - Validity Of Depreciation Reserves, Ross Kipka S.Ed.

Michigan Law Review

Depreciation of physical assets is an accounting procedure now taken for granted in the business and tax areas of the law. Its emergence in the field of trusts has been relatively slow, however, and even today it has not gained much acceptance by the courts. It is the purpose of this comment to examine some of the reasons why the courts have been reluctant in applying the depreciation concept to trusts, and in particular to those trusts that include improved real estate among the assets of the corpus.

Book Reviews, William J. Bowe, Ralph S. Brown Jr., Leonard S. Powers, Hiram H. Lesar, Leonard Oppenheim, John S. Bradway, Richard C. Maxwell, Edward L. Barrett Jr., Charles H. Livengood Jr.

Journal of Legal Education

No abstract provided.

Abstracts Of Recent Cases, M. J. P.

West Virginia Law Review

No abstract provided.

Compulsory Joinder Of Parties In Civil Actions, John W. Reed

Michigan Law Review

Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over …

Negligence - Duty Of Care - Liability Of Builder And Architect To Third Party, Raymond J. Dittrich

Michigan Law Review

The plaintiff, an infant, fell from the back porch of an apartment leased by his parents from a housing authority. The plaintiff brought actions for negligence against the architect who designed the dwelling, the builder who constructed it, and the housing authority which leased it, alleging that the back porch was so designed and constructed as to create a dangerous condition for the users thereof. The trial court dismissed the complaints against the builder and the architect. On appeal, held, reversed. Despite the lack of privity between the builder and the architect and the plaintiff, a good cause of …

Real Property - Landlord And Tenant - Need For Lessee Who Transfers Whole Term To Base Right Of Re-Entry On Condition Of "Substantial Advantage" To Him, John A. Beach S.Ed.

Michigan Law Review

Plaintiff lessee transferred his interest in the first floor and basement of certain commercial premises for the full remaining period of his own lease, retaining his interest in the second floor, where he lived. This transfer was in form a sublease, under which plaintiff as sublessor reserved power to cancel the sublease and take possession without notice if the premises were used for any purpose other than an off-sale liquor store. Plaintiff's transferee later assigned all his interest to defendant corporation, which immediately began converting the premises into an ice cream store. After defendant had spent over $10,000 in remodeling, …

Restitution - Constructive Trust Relief For Breach Of Oral Contract To Create Trust In Land, Edward A. Manuel S.Ed.

Michigan Law Review

Plaintiff mining company sued to impose a constructive trust on mineral interests purchased by the defendant employee in breach of his oral agreement with the company. The agreement included a promise to hold any property so acquired in trust for the employer at his election. Ruling that this agreement was unenforceable under the Oklahoma statute of frauds, the trial court relied on the defendant's status as an ordinary employee without duties relating to the acquisition of mineral interests or access to confidential information, and gave judgment for the defendant. On appeal, held, affirmed. Without proof of positive fraud or …

Real Property—Zoning, Vincent P. Furlong

Buffalo Law Review

Diocese of Rochester v. Planning Board of Town of Brighton, 1 N. Y. 2d 508,7136 N. E. 2d 827 (1956); Community Synagogue v. Bates, 1 N. Y. 2d.445, 136 N. E. 2d 488 (1956).

Real Property—Eminent Domain—Valuation, Gerald Baskey

Buffalo Law Review

In re City of New York (Manhattan Tower), 1 N. Y. 2d 428, 136 N. E. 2d 478 (1956).

Ua3/3/1 Condemnation Of Property, Wku President's Office

WKU Administration Documents

Documents housed in oversize box 143 folder 10 of President Kelly Thompson’s Subject/Correspondence File regarding Jonesville property. Consists of correspondence and court orders.

• Board of Regents of WKSC et al vs. Ida Belle Johnson, et al
• Coleman, Robert
• Jonesville, KY
• Kentucky. Finance
• Kentucky. Purchases
• Lawsuits
• Report of Commissioners
• Thompson, Kelly

Real Property—Leases—First Option To Purchase, Thomas Basil

Buffalo Law Review

Cortese v. Connors, 46. 1 N. Y. 2d 265, 135 N. E. 2d 28 (1956).

Real Property—Fair And Reasonable Rental, Gerald Baskey

Buffalo Law Review

In re Trustees of Masonic Hall and Asylum Fund, 1 N. Y. 2d 616, 136 N. E. 2d 889 (1956).

Taxation—Validity Of Tax Deeds, Robert Rosinski

Buffalo Law Review

Werking v. Amity Estates Inc., 2 N. Y. 2d 43, 137 N. E. 2d 321 (1956).

Taxation—Statute Of Limitations—Tax Lien Foreclosures, June A. Murray

Buffalo Law Review

L. K. Land Corp. v. Gordon, 1 N. Y. 2d 465, 136 N. E. 2d 500 (1956).

Felonious Homicide And The Right Of Survivorship Under Tenancy By The Entireties, Arnold M. Weiner

Maryland Law Review

No abstract provided.

Foreign Personal Representatives, Banks Mcdowell Jr.

Michigan Legal Studies Series

In dealing with the legal rules affecting foreign personal representatives, the author of the present monograph is to be commended for the lucid analysis in the following pages of the principal questions that an executor or administrator appointed in one state will encounter in the administration of a single estate on a multi-jurisdictional basis: his right to sue and liability to suit in other states, the effects of his extra-legal action outside the state of his appointment, and the possibilities of reforming existing laws so as to make feasible a system of single administration of decedents' estates. This analysis is …

Assignments For The Benefit Of Creditors, Melvin Nathanson

Maryland Law Review

No abstract provided.

Adverse Possession- Mistake In Boundary Disputes - Tamburo V. Miller - Ervin V. Brown - Hub Bel Air, Inc. V. Hirsch, Bishop V. Stackus, Ridgely V. Lewis, Lewis A. Kann

Maryland Law Review

No abstract provided.