Law Commons^™

Wills-Discovery Of Will Following Adjudication Of Intestacy-Rights Of Intervening Purchasers, Patrick J. Ledwidge

Michigan Law Review

At the time of his death in 1945, decedent was the owner of the real estate in question. His estate was administered in the belief that he had died intestate, and the administrator was discharged in August 1946. Thereafter, the property was conveyed by decedent's heirs to buyer, and by buyer in February 1947, to the defendant, a bona fide purchaser. Subsequently, decedent's will was discovered and admitted to probate in December 1947. By the terms of the will, the plaintiff was entitled to a one-half interest in the land. Plaintiff's complaint, asking partition of the land, was dismissed by …

Landlord And Tenant-Liability Of Landlord To Persons On The Premises-Breach Of Covenant To Repair, Thomas P. Segerson

Michigan Law Review

Plaintiff, a carpenter, hired by tenant, suffered personal injuries in a fall caused by a defective railing on the rear porch of premises leased by defendant to tenant. By the terms of the lease, tenant was given exclusive possession of the premises, while defendant agreed to keep the rear porch in repair. Defendant had failed to repair the railing on being notified of its defective condition. From a judgment holding defendant liable to plaintiff for the injuries sustained; defendant appealed. Held, reversed. In the absence of control of the premises, a lessor is not liable in tort for personal …

Landlord And Tenant-Liability Of Landlord To Persons On The Premises-The "Concealed Defects" Exception, Robert S. Griggs

Michigan Law Review

Plaintiff sought to recover for injuries suffered in consequence of the defective condition of a stairway in the manufacturing plant leased by her employer from defendant. The stairway was in the sole control of the tenant at the time of the injury; the lease stipulated that no warranty was made as to the condition of the premises; and the sole obligation to repair was borne by the tenant. Liability was claimed, however, upon the contention that the stairway had been in dangerous condition at the time of the letting. It was apparently little used, and plaintiff had used it only …

Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed.

Michigan Law Review

The plaintiff, wishing to subdivide its land fronting on Long Island Sound, submitted its plan to the town planning and zoning board whose approval was required by ordinance before land could be subdivided and sold. The board rejected plaintiff's plan as not in conformance with a preliminary town plan, adopted in 1936 pursuant to a state statute, providing for the prospective construction of a road along the shore of the sound. The plaintiff appealed to the board of zoning appeals, which affirmed the decision of the town planning and zoning board. On appeal to the Supreme Court of Errors of …

Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed.

Michigan Law Review

The plaintiff, wishing to subdivide its land fronting on Long Island Sound, submitted its plan to the town planning and zoning board whose approval was required by ordinance before land could be subdivided and sold. The board rejected plaintiff's plan as not in conformance with a preliminary town plan, adopted in 1936 pursuant to a state statute, providing for the prospective construction of a road along the shore of the sound. The plaintiff appealed to the board of zoning appeals, which affirmed the decision of the town planning and zoning board. On appeal to the Supreme Court of Errors of …

Book Reviews, W. Barton Leach, Joe Tussman, Charles O. Gregory, Charles Fahy, John C. O'Byrne Jr., Joseph Curtis, Charles Fairman, Ralph R. Neuhoff, Joseph Hawley Murphy, Charles L. Black Jr., Roscoe L. Barrow, John Hanna

Journal of Legal Education

No abstract provided.

Damages-Application Of American And English Rules For Measure Of Damages For Breach Of Contract To Sell Land [Raisor V. Jackson, Ky. 1950]

Washington and Lee Law Review

No abstract provided.

Future Interests-Contingent Remainders-Destructibility By Merger, Douglass L. Mann S. Ed.

Michigan Law Review

X conveyed land to A for life, remainder to the heirs of A's body. Thereafter, X granted the same land by quit-claim deed to A in fee simple, without any conditions or restrictions whatever. The lower court upheld A's claim to an absolute fee in the property. On appeal, held, reversed. A holds a life estate and the reversion, but the remainder, though contingent, is not defeated. Whitten v. Whitten, (Okla. 1950) 219 P. (2d) 228.

Future Interests-Power Of Remainderman To Compel Partition Of Future Interests, Nancy J. Ringland S. Ed.

Michigan Law Review

A remainderman in fee of an undivided interest in real estate brought a suit to compel partition of the remainder. The whole of the premises was subject to a life estate, but the life tenant made no objection to this action. The applicable Nebraska statute provided that "all tenants in common, or joint tenants of any estate in land may be compelled to make or suffer partition of such estate or estates in the manner hereinafter prescribed." Demurrers to the petition were sustained on the ground that an estate in remainder could not be the subject of involuntary or compulsory …

Reformation Of Voluntary Conveyances, Henry D. Bell

Vanderbilt Law Review

It has frequently been stated that equity will not reform a conveyance which is merely voluntary and based on no consideration.' As thus broadly stated the rule is manifestly inaccurate, for it is universally recognized that a grantor is entitled to have a voluntary conveyance reformed. Moreover,the rule is unhelpful and even misleading, for it does not define the term "voluntary" and it ignores a line of authority which allows reformation of concededly voluntary conveyances in favor of parties other than the grantor.

The continued recital of this rule is probably due to a spontaneous reaction of abhorrence on the …

Sales--Bulk Sales Act--Lessor Not Creditor As To Future Rent, W. W. A.

West Virginia Law Review

No abstract provided.

Agency And Escrow, Roger K. Garrison

Washington Law Review

There are myriad instances in the law where courts or legislatures of various states have given precise definition to a certain legal status. Such words as "trustee," "guardian," and "mortgagor" have come to have fixed meanings and definite legal incidents attached to them. Not so fortunate, however, has been the term "escrow holder," or sometimes "escrowee." While courts are generally in accord as to what circumstances will create an escrow transaction, statements of the precise legal status of the escrow holder are noteworthy for their discord rather than their harmony. As yet no court has seen fit to regard the …

Delivery Of Deed By Grantor To Grantee On Oral Condition - Chillemi V. Chillemi

Maryland Law Review

No abstract provided.

Landowner's Liability For Infant Drowning In Artificial Pond

Indiana Law Journal

No abstract provided.

Remainder To Grantor's Heirs In Kentucky, William M. Deep

Kentucky Law Journal

No abstract provided.

Absolute Necessity Of Acknowledging A Deed Of Gift In Maryland - Berman V. Berman

Maryland Law Review

No abstract provided.

Agency-Election To Sue Undisclosed Principal Or Agent, Alan C. Boyd S. Ed.

Michigan Law Review

Plaintiff brought action against a principal and his agent to foreclose a mechanic's lien on the principal's real property, alleging that he had expended labor and materials in the improvement of the principal's land pursuant to a contract between himself and the agent. Though plaintiff joined the agent as a party defendant, he did not pray for relief against him. Both defendants moved to dismiss the action. Held, action dismissed as to the agent. Whether or not the principal was disclosed at the time the contract arose, the action was properly dismissed as against the agent. If the principal …

Judgments-Collateral Attack-Insufficiency Of The Cause Of Action As A Basis For Denying Jurisdiction Of A Court Rendering A Default Judgment, Lloyd J. Tyler, Jr.

Michigan Law Review

In a previous action, A, as assignee of a conditional sales contract, sought to recover the property when the purchase price was not paid. Defendant counterclaimed for damages because of alleged fraud of the assignor in making the sale. On appeal, the Montana Supreme Court held that defendant could not have an affirmative judgment on the counterclaim, but could use his claim as recoupment only. On remand, A's attorney moved for continuance until his client could secure a new attorney. The motion was denied, and on the day set for trial A was not represented. As a consequence, …

Negligence-Liability Of Landlord For Injuries To Persons On The Premises, John A. Hellstrom S. Ed.

Michigan Law Review

Plaintiff, an invitee, sued for injuries caused by the fall of plaster from the ceiling of a tavern operated by a tenant in a building owned by defendant. Held, the rule whereby a lessor of premises leased for a public use is liable to an invitee of his tenant is inapplicable. Warner v. Fry, (Mo. 1950) 228 S.W. (2d) 729.

Kentucky's Obsolete Law On Gifts By Debtors, James M. Marks

Kentucky Law Journal

No abstract provided.

Depreciation Of Thoroughbred Animals, Richard Lewis Mackay

Kentucky Law Journal

No abstract provided.

Gift By Check--Hale V. Hale, James F. Hoge

Kentucky Law Journal

No abstract provided.

Landlord And Tenant, Stephens Mitchell

Mercer Law Review

No abstract provided.

Property, Real, Stephens Mitchell

Mercer Law Review

The recent Georgia cases dealing with Real Property show a continued adherence to age-old rules but which broaden down from precedent to precedent to fit the changing character of circumstances.

Adverse Possession--Acquisition Of Title To Minerals Subsequent To Severance, N. E. R.

West Virginia Law Review

No abstract provided.

Mines And Minerals--Strip Mining Rights--Construction Of Lease, T. N. C.

West Virginia Law Review

No abstract provided.

Water And Water Courses--Riparian Rights--Extent Of Owner's Title, S. R. W Jr.

West Virginia Law Review

No abstract provided.

Powell: Real Property, Allan F. Smith

Michigan Law Review

A Review of REAL PROPERTY. Vol. 1. By Richard R. Powell.

Real Property-Tax Sales-Title Of Purchaser Of Land Subject To Easement, John J. Gaskell S.Ed.

Michigan Law Review

In an action to enforce a lien for taxes on real property, the defendants counterclaimed, asking for a declaratory judgment as to whether a sale of real property for nonpayment of taxes extinguishes an easement with which the property is burdened. The easement was appurtenant to an adjoining parcel of land. Held, an easement appurtenant is not extinguished by sale of the servient tenement for nonpayment of taxes. District of Columbia v. Capital Mortgage & Title Co., Inc., (D.C. Cir. 1949) 84 F. Supp. 788.

The Transfer Of Title To Timber In West Virginia, J. H. M. Jr.

West Virginia Law Review

No abstract provided.