Law Commons^™

Equity-Injunction-Nonconformance Of Lustron House To Building Restrictions, Stephen A. Bryant S.Ed.

Michigan Law Review

Plaintiffs, as landowners in a restricted Detroit subdivision, sought to restrain the defendants from erecting a Lustron house in violation of restrictions limiting construction to full basement, one-family dwellings, costing a minimum of $6,000 and composed of brick, brick veneer, hollow tile or stucco. These restrictions were imposed on all lots in the subdivision by the original owner in 1925. The Lustron house, although costing approximately $7,500, had no basement and was constructed entirely of steel. After agreeing to remove it should the court enforce the restrictions, defendants erected the house. On appeal from a decree granting an injunction, held …

Bills To Remove Cloud In Tennessee, Henry D. Bell

Vanderbilt Law Review

The bill in equity to remove cloud from title has been recognized in all of the American states. There has been, however, no agreement among the states as to the cases which come within the scope of the bill. Every bill to remove cloud presents two essential questions: (1) does the complainant have an interest in the property which entitles him to maintain the bill, and (2) does the adverse claim constitute a "cloud" on the title which equity will remove? The purpose of this Note is to review the authorities to determine what is necessary to satisfy these two …

Caveat Emptor Or Justifiable Reliance?, Serge S. Gorny

Washington Law Review

In the recent case of Haugen v. Netswonger the respondent, whose sawmill was encumbered and who was in danger of having to cease operations, induced the appellant to enter into a partnership for the operation of the mill. During the preliminary negotiations he told the appellant that he would get back, in a short time, everything that he put into the venture. The partnership agreement, which was signed on May 9, 1947, contained a covenant of the respondent, that he had good title to the sawmill free of all encumbrances. At the time, there was an outstanding chattel mortgage of …

Effect Of Seller's Prior Breach On His Right To Rescind For Buyer's Default

Indiana Law Journal

Recent Cases: Contracts

Municipal Corporations-Zoning-Right Of Grantee To Act On Variance Issued To His Grantor, Herbert N. Weingarten

Michigan Law Review

A zoning ordinance prohibited the erection of private garages within twenty feet of the street line. Because of the peculiar shape of the lot in question, a variance was granted to the then owner permitting the building of a garage closer to the street line. However, before the garage was built, the land was sold to the present owner who obtained a building permit and began construction. Plaintiffs, owners of the adjoining lot, objected to the granting of the permit and appealed to the zoning board of review which denied their appeal. On certiorari, held, present owner might act …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Automobiles--Family Purpose Doctrine--Automobile Owned by other than Head of Family

Contracts--Effect of Illegality--Recover Where No Moral Turpitude involved and Purpose of Statute Not Violated

Corporations--Liability of Officer to Creditors for Excessive Salary--Burden of Proof on Defendant to Show Reasonableness

Criminal Law--Proximate Cause--Responsibility for Death Due to Acts of Persons Opposing a Felony

Criminal Law--Violation of the Mann Act--Actual Transportation Entirely within a Single State

Evidence--Confidential Communications between Spouses--Admissibility of Testimony as to Conduct of Party Spouse

Insurance--Commercial--Radius Endorsement in Automobile Insurance--Effect of Breach after Return to Designated Area

Personal Property--Finding Lost Goods--Chambermaid's Right to Goods Found by Her …

Restitution-Improvements-Recovery Under Occupying Claimants Act, John L. Naylor, Jr.

Michigan Law Review

Plaintiff sought recovery for value of improvements claimed to have been made as an "occupying claimant" as defined by statute. He had dumped dirt and debris into the Missouri River for many years. This dirt and debris came both from his own excavations in the city and from excavations of other contractors who hired him to haul it away. The result was "made land" which plaintiff occupied for several years prior to ejectment by the defendant city. Verdict was directed for defendant, plaintiff appealing. Held, affirmed. "Made land" did not constitute valuable improvements within the meaning of the statute. …

Torts-Attractive Nuisance-Ponds, Lloyd J. Tyler, Jr.

Michigan Law Review

Plaintiff's four-year-old daughter drowned in a pond on defendant's land. The pond was from six to ten feet deep, with extremely steep banks, and contained various forms of marine life and debris. The pond was useless and was eliminated by the defendant soon after the drowning. The defendant knew that at least twenty small children resided in the immediate area and the pond was visible and accessible to them. In a damage action for the death, held, the defendant was liable under the attractive nuisance doctrine. Saxton v. Plum Orchards, Inc., (La. 1949) 40 S. (2d) 791 (1949).

Eminent Domain-Right Of Abutting Owner To Damages For Minerals Removed From Roadbed Of Highway In Which He Owns The Fee [Campbell V. Monaco Coal Mining Co., Ohio 1948]

Washington and Lee Law Review

No abstract provided.

Torts-Liability Of A Landlord For Injuries To Persons On The Premises-Covenant To Repair-Effect Of Repairs Made Under Such Covenant Subsequent To An Injury Caused By Defect Repaired, William M. Myers S.Ed.

Michigan Law Review

It is generally agreed that the tort liability of the holder of an estate in land is an incident of occupation or control. However, the courts are not agreed as to the degree of control which will sustain such liability. Neither are their holdings uniform as to the inferences which are to be drawn with respect thereto from the existence of an agreement by a landlord to make repairs or from the act of a landlord in repairing a defect in demised premises under such agreement, subsequent to an injury caused by the defect repaired.

Landlord And Tenant-Interpretation Of Clause In A Lease Providing For Termination In Event Of Destruction Of Premises, Alan C. Boyd

Michigan Law Review

The plaintiff leased property from the defendant for a term of years. The lease provided that the lessor should repair damage from fire and that "the tenancy shall not be terminated unless such repairs shall require more than ninety days." A fire occurred which damaged the property so badly that it could not be repaired within ninety days. The lessor took the position that the tenancy had automatically terminated with the occurrence of the fire. The lessee filed a bill for a declaratory judgment, claiming that under the terms of the lease he had the option either to terminate or …

Some Problems Of Preferential Transfers In West Virginia, Robert Evans Stealey

West Virginia Law Review

No abstract provided.

Lotteries--Consideration Necessary To Constitute--Bank Night And Similar Theatre Give-Away Programs, J. T. C. Jr.

West Virginia Law Review

No abstract provided.

Security Of Tax Foreclosure Titles, Chapter 2, Priscilla A. Townsend, Harry M. Cross

Washington Law Review

In dissenting in Berry v. Pond, Hill, J., said, "By this decision, we not only add a new exception to those enumerated in Rem. Rev. Stat. § 11288 [P.P.C. § 979-313], but write a new chapter on How Secure Is Your Tax Foreclosure Title?" It is the purpose of this comment to indicate the nature of the new chapter and to suggest that it is inadvisedly if not erroneously written.

The Constitutionality Of The New Federal Estate Tax Definition Of A Transfer Taking Effect At Death, Charles L.B. Lowndes

Vanderbilt Law Review

The manifest reluctance in recent years on the part of the Supreme Court to declare any provision of the Federal Estate Tax unconstitutional may have given rise to the assumption that there are no constitutional limitations on the transfers which Congress can tax under the estate tax. One of the 1949 amendments to the tax should test the validity of this assumption. In an effort to bring some order out of the chaos stemming immediately from Helvering v. Hallock, and immediately from Spiegel's Estate v. Commissioner, Congress provided recently that a transfer after October 7, 1949, shall be deemed to …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--DOMICIL FOR PURPOSES OF INCOME TAXATION--ABSENCE OF FIXED INTENT TO REMAIN IN RESIDENCE OR TO RETURN TO DOMICIL OF ORIGIN

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CONSTITUTIONAL LAW--INTERSTATE COMMERCE--VALIDITY OF STATE TAX UPON GROSS RECEIPTS OF SEGMENT OF INTERSTATE COMMERCE

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CONSTITUTIONAL LAW--PEACEFUL PICKETING--POWER OF STATE COURT TO ENJOIN

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CONSTITUTIONAL LAW--POWER OF COURT TO PUNISH FOR DIRECT CONTEMPT--OPPORTUNITY TO OBTAIN COUNSEL

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EVIDENCE--ADMISSIBILITY OF SCIENTIFIC TESTS--HARGER DRUNKOMETER TEST TO DETERMINE INTOXICATION

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FEDERAL JURISDICTION--REQUIREMENT THAT FEDERAL QUESTION APPEAR ON FACE OF COMPLAINT--APPLICATION TO DECLARATORY JUDGMENT ACTION

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INCOME TAXES--DEDUCTION OF BUSINESS EXPENSES--DEDUCTIBILITY OF PENALTIES FOR VIOLATION OF PRICE REGULATIONS

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INSURANCE--"COMPREHENSIVE" COVERAGE …

Trusts And Estates-Accumulations-Setting Aside Reserve For Depreciation On Trust Buildings, Hugh B. Muir

Michigan Law Review

Testator created a testamentary trust of several parcels of real property improved with apartment houses, authorizing the trustees to pay the net annual income therefrom to his sons in equal shares. The trust was to terminate when the youngest son attained the age of twenty-one, or, if he died before majority, when the second youngest son attained the age of thirty-seven, or sooner died. Remainder was to the testator's sons living at the termination date or their issue, per stirpes. Testator, while living, had maintained accounting records for the properties in such manner as to reflect an annual charge for …

Drainage Of Surface Waters Under The Civil Law Rule As Applied In Maryland - Bishop V. Richard Biberman V. Funkhouser

Maryland Law Review

No abstract provided.

Finding Lost Goods-Ancient Indian Canoe, Ralph W. Aigler

Michigan Law Review

As a result of a river's change in course, an old Indian canoe buried on certain land was exposed. While swimming in the river, plaintiffs discovered the canoe and told defendant about it. The latter excavated and removed it. The land had been owned by H, who had died many years ago, devising it to his wife for life and then in fee to his daughter. Plaintiffs, intending to exhibit the canoe, paid the wife and her sons ( who had been farming the land) a sum of money for it. In a replevin action, the daughter intervened. Held …

Real Property-Adverse Possession-Adverseness Of Possession When Possessor Has Not Claimed A Fee, Hugh B. Muir

Michigan Law Review

From 1924 until 1948 plaintiff and her family were in apparent, open and continuous possession of a portion of defendant's lot, without permission, and with the intent to exclude the defendant and all others from possession. Although plaintiff and her family constructed a lawn, gardens, steps and parking space on the premises, the court found that such use was "an incident to her occupancy of the house" on the adjoining lot, and was without any separate claim of title. In 1948, defendant entered and began excavating for the foundation of a house. Plaintiff sought an injunction and damages, resting her …

Procedure-Contempt As Sanction To Enforce Delivery In Replevin, John A. Nordberg

Michigan Law Review

In a replevin action in a common pleas court the plaintiff, after filing a $200 bond for property later valued at $900, obtained possession of some household goods of the defendant under a fatally defective writ. On motion of the defendant the court dismissed the action and ordered the property returned. On appeal, plaintiff's action was again dismissed and he was directed to return defendant's goods. He ignored the order and was adjudged guilty of contempt. On appeal in the nature of certiorari from this conviction, held, reversed without prejudice. The order was void since the court had lost …

Some Aspects Of Lateral Support In Kentucky, Hollis E. Edmonds

Kentucky Law Journal

No abstract provided.

The Requirement Of Delivery In Gifts In Kentucky, James V. Marcum

Kentucky Law Journal

No abstract provided.

Creditors' Bills And Actions To Set Aside Fraudulent Conveyances--Prerequisites To Suit, Arloe W. Mayne

Kentucky Law Journal

No abstract provided.

Interests In Land Subject To Dower--In Kentucky, James C. Blair

Kentucky Law Journal

No abstract provided.

The Theory Of Delivery In Gifts Causa Mortis, James V. Marcum

Kentucky Law Journal

No abstract provided.

Hughett V. Caldwell County--Measure Of Damages For Innocent Conversion Of Minerals, Arloe W. Mayne

Kentucky Law Journal

No abstract provided.

Municipal Corporations-Zoning-Abrogation Of Private Restrictive Covenants By Zoning Regulations, Robert Dilts

Michigan Law Review

A recent New Jersey decision raises a question of current importance in view of the acute housing shortages in many metropolitan areas. Can a municipality, acting under its power to establish zoning regulations, authorize the construction of multiple-family dwellings in a particular area and simultaneously abrogate private covenants which restrict the area to single-family dwellings?

Debtors' Estates-Right Of Debtor To Claim Homestead Exemption In Insurance Proceeds From Non-Exempt Property Destroyed By Fire

Washington and Lee Law Review

No abstract provided.

The Law Of Real Property, Volume 1, By Richard R. Powell (1949), Harry M. Cross

Washington Law Review

It is impossible to appraise the whole of this treatise, which will include five volumes, with only the first being published, but there are sufficient clues in the published volume to indicate the quality of the whole work. This is a modern book: witness, for example, the discussion of Oyama v. California, 332 U.S. 633 (1948) in paragraph 106 on page 393. In the preface Professor Powell states the three guiding stresses in his study to be upon (1) integration of the whole subject, (2) current problems in the perspective of the trends of evolution, and (3) the tremendous importance …