Law Commons^™

Conflict Of Laws And The Administration Of Decedents' Real Estate, Edward S. Stimson

Vanderbilt Law Review

The subject matter of this article will be treated under three heads dealing with, (A), the power of executors and administrators to sell real estate; (B), inheritance taxes; and (C), the law and the courts which determine, one, the validity of wills and two, who succeeds by operation of law. The core of the problem lies in the validity of wills and intestate succession to real estate. ... Two questions involving the power of executors or administrators have been considered by the courts. First, which executor, administrator or court has power to sell the real estate in order to pay …

Book Reviews, Harold W. Holt, Harold G. Wren (Reviewer), Walter Chandler (Reviewer), Harold W. Hannah (Reviewer)

Vanderbilt Law Review

Marital Property in Conflict of Laws By Harold Marsh, Jr. Seattle: University of Washington Press, 1952. Pp.

reviewer: Harold Wright Holt

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Life Insurance and Estate Tax Planning By William J. Bowe Nashville: Vanderbilt University Press, November 1952 Revision. Pp. 109.$2.10

reviewer: Harold G. Wren

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Caruthers' History of a Lawsuit Seventh Edition by Sam Gilreath Cincinnati: The W. H. Anderson Company, 1951. Pp. 1088. $17.50.

reviewer: Walter Chandler

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Legal Status of the Tenant Farmer in the Southeast By Charles S.Mangum Chapel Hill: University of North Carolina Press, 1952.Pp. viii, 478, $7.50.

reviewer: Harold W. Hannah

Property-Effect Of Tax Sales On Appurtenant Easement Upon Servient Estate Sold For Delinquent Taxes. [Federal]

Washington and Lee Law Review

No abstract provided.

Real Property-Relation Of The Covenants For Title And The Doctrines Of Estoppel By Deed, James W. Callison S.Ed.

Michigan Law Review

The doctrine of estoppel by deed is familiar to all students of real property law. So, too, are the principles of law relating to covenants for title made by a grantor in connection with a conveyance of land. It is the purpose of this comment to discuss the relation between the two areas of law, with particular reference to two problems: (1) what effect does the estoppel doctrine have upon the recovery of damages by the grantee where there has been a breach of the covenant of seisin; and (2) conversely, what effect does recovery of substantial damages by the …

Constitutional Law-Eminent Domain-Destruction Of Private Property To Prevent Enemy Capture, John F. Spindler S.Ed.

Michigan Law Review

Respondent oil companies owned terminal facilities in Manila at the time of the Japanese attack on the Philippines. The terminals were destroyed by the United States Army as the Japanese entered the city. Although the Army had requisitioned oil from the terminals prior to their destruction, respondents were bound by the decision of the court of claims to the effect that prior to December 27, 1941, when respondents were notified that the terminals themselves were requisitioned for the purpose of destruction, there had been no taking within the meaning of the Fifth Amendment. The court of claims allowed recovery on …

Constitutional Law-Equal Protection-Alien Land Law Violates Fourteenth Amendment, Sherman A. Itlaner S.Ed.

Michigan Law Review

Plaintiff, an alien Japanese, appealed from a judgment declaring an escheat of land purchased by him to the state pursuant to the California Alien Land Law prohibiting aliens ineligible for citizenship from holding land. On appeal, held, reversed. The Alien Land Law is unconstitutional under the equal protection clause of the Fourteenth Amendment as an "instrument for effecting racial discrimination . . . [ with] no circumstances justifying classification on that basis." Sei Fujii v. State, 38 Cal. (2d) 718, 242 P. (2d) 617 (1952).

Statutory Redemption: The Enemy Of Home Financing, Ernest M. Murray

Washington Law Review

Although much has been written criticizing the statutory right of redemption from real estate foreclosures, it still exists in Washington and a majority of the United States. The basic reason for its continued existence is the strong trend throughout modern timnes to give greater protection to the "oppressed debtor." The history of the moratoria legislation of the last depression is the strongest evidence of the sympathy for the debtor class, and the statutory right of redemption comprises not only a large part of the trend, but it is the place where the policy of favoring the mortgage debtor has reached …

Restraints On Alienation Of Equitable Interests In Michigan Property, William F. Fratcher

Michigan Law Review

In the Middle Ages a conveyance of land to a monastic corporation resulted in a serious loss of income to the feudal overlord. As such corporations never died, the overlord ceased to receive the reliefs payable on the death of a tenant and to enjoy the feudal incidents of wardship and marriage of minor heirs. Monks could not be compelled to perform military services and it was difficult or impossible to compel a monastery to perform other services incident to tenure. The twelfth and thirteenth centuries saw great expansion in monastic land holdings and consequent loss to the king and …

Where Principles Of Restitution Are Inapplicable To Encroachment By Building On Adjoining Land - Easter V. Dundalk Holding Co.

Maryland Law Review

No abstract provided.

Retroactive Legislation Affecting Interests In Land, John Scurlock

Michigan Legal Studies Series

Professor Scurlock's monograph covers an area of the law which is commonly by-passed in treatises and in classroom instruction. If we could merely tear Maitland's "seamless web" of the law and retain all the shreds, no part of the legal system would escape us. What we actually do, however, is to set up, in a more or less arbitrary fashion, numerous centers of legal classification, such as contracts, torts, property and constitutional law, to which closely related legal materials are attracted as to a magnet. But those legal materials which stand midway between two centers of attraction are likely to …

Distress, Allan W. Rhynhart

Maryland Law Review

No abstract provided.

Deeds Of Trust And Article 66, Section 24, Of The Maryland Code, Herbert H. Hubbard

Maryland Law Review

No abstract provided.

Protection Accorded A Purchaser Of Land From A Default Judgment Plaintiff

Indiana Law Journal

No abstract provided.

Creditors' Rights--Judgment Liens And Priorities In Kentucky, Norma D. Boster

Kentucky Law Journal

No abstract provided.

Effect Of Qualifying Words In Deed To Husband, Wife And Third Party - Kolker V. Gorn

Maryland Law Review

No abstract provided.

Validity Of A Rezoning Ordinance In Maryland - Kracke V. Weinberg

Maryland Law Review

No abstract provided.

A Note On Racial Restrictions, William R. Kinney

Cleveland State Law Review

In view of the holding in the Shelley case, can the grantor in a deed have recourse to the courts to enforce a stipulated penalty contained in a discriminatory racial covenant (such as payment of damages or forfeiture of title) if the enforcement of such penalty does not directly involve the constitutional rights of third persons?

Title Examinations As Affected By The Federal Gift And Estate Tax Liens, L. Hart Wright

Michigan Law Review

The Treasury Department may look to either of two security devices to protect its rights with respect to federal gift and estate taxes. The most sweeping of these devices-the general federal tax lien, a discussion of which appeared in the last issue of this Review, has been complemented in the case of each of these taxes by special liens, presumably designed to meet what apparently were considered peculiar needs. It is with the impact of these special liens on the work of title examiners that this article is concerned.

Municipal Corporations--Annexation-Violation Of Due Process, Joseph M. Kortenhof S.Ed.

Michigan Law Review

The City of Silver Grove brought a proceeding to incorporate within its boundaries a parcel of defendant railroad's land under a general law of annexation. It was shown that the land sought to be annexed contained nothing but switchyards, roundhouses, refrigeration plants and other facilities designed exclusively for railroad purposes. It was further shown that the city could make no use of the land nor could it benefit the land in any way since the railroad had complete electrical, sanitation and police facilities. Defendant railroad entered a remonstrance to which the city generally demurred. The trial court sustained the demurrer. …

Cecil V. Farmers National Bank--Termination Of Limited Divorces, Robert C. Moffit

Kentucky Law Journal

No abstract provided.

Kentucky Decisions On Future Interests (1938-1953), W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

Claims Against The State Of Kentucky--Reverse Eminent Domain, Paul Leo Oberst, Thomas P. Lewis

Kentucky Law Journal

No abstract provided.

Property—Real Property—Adverse Possession, Robert Schaus

Buffalo Law Review

Van Volkenburg v. Lutz, 304 N. Y. 95, 106 N. E. 2d 28 (1952).

Property—Personal Property—Bailments, Robert Schaus

Buffalo Law Review

Viehlman v. Manufacturers Safe Deposit Co., 303 N. Y. 526, 104 N. E. 2d 888 (1952).

Some Observations On Bailey V. Baker, C. E. Goodwin

West Virginia Law Review

No abstract provided.

Constitutional Law--Privacy--Right Of Individual On Public Conveyances, G. D. H. S.

West Virginia Law Review

No abstract provided.

Mines And Minerals--Ownership Of Containing Space, C. J. C.

West Virginia Law Review

No abstract provided.

Property—Real Property—Mortgages, Robert Schaus

Buffalo Law Review

Shohfi v. Shohfi, 303 N. Y. 370, 103 N. E. 2d 330 (1952).

In Rem Tax Forclosure In Erie County—Inviolable Title?, Matthew X. Wagner Sr., Robert C. Schaus

Buffalo Law Review

No abstract provided.

Equity-Specific Performance-Decrease In Money Value Subsequent To The Inception Of An Option Contract Is Not Hardship, Harry T. Baumann S. Ed.

Michigan Law Review

ln 1940 defendant leased his property to the plaintiff for ten years with an option to purchase for $25,000 at any time within the term of the lease. One month before the lease expired, the plaintiff gave defendant notice of his election to exercise the option. Defendant claimed that, subsequent to exercise of the option, a fair bid of $35,000 had been made by a third party and, therefore, he was not required to convey. In an action for specific performance, the trial court held that the subsequent bid was of no effect under the contract, and the plaintiff was …