Law Commons^™

Ejectment--Equitable Title In Kentucky, Viley O. Blackburn

Kentucky Law Journal

No abstract provided.

Partnerships--Title To Real Property, Fred B. Redwine

Kentucky Law Journal

No abstract provided.

The Descent And Distribution Of Real And Personal Property In Kentucky, Anne F. Noyes

Kentucky Law Journal

No abstract provided.

The Amendment Of The Waste Statute—Retrogression?, Harry M. Cross

Washington Law Review

It has generally been true that the provisions of waste statutes authorizing multiple damage awards are strictly construed, but this normally has meant that multiple damages will be awarded for voluntary waste whether innocently committed or not, and only single damages for permissive waste. Although the variance between the permissive "may" and the mandatory "shall" might not compel the court to reach a different conclusion, under the limitation of the permissive language of the statute announced in DeLano v. Tennent, it would appear that the legislature by changing to "shall" has flatly rejected the policy against awarding multiple damages and …

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

The Present Status Of "Illusory" Trusts-The Doctrine On Newman V. Dore Brought Down To Date, Edward A. Smith

Michigan Law Review

It has long been the policy of the law to provide for a widow by setting aside some portion of her deceased husband's estate for her future support. Such a policy, it has been said, dates back to the laws of Hammurabi and later evidences of it may. be found in the Justinian Code of the Roman Law, and in English law from the earliest times; its final manifestation being in the well-known common law dower. It is not with dower, however, that we are here concerned, for that institution is sufficiently well understood to require no discussion in this …

Clearance Of Land Titles-A Statutory Step, Ralph W. Aigler

Michigan Law Review

Public Act of Michigan, No. 200, was approved by the governor on May 17, 1945. Its preparation and enactment are the result of a growing urge for the amelioration of certain conditions in land title transactions.

Contracts-Anticipatory Breach Of A Unilateral Obligation To Pay Money, George Brody

Michigan Law Review

Plaintiff, a real estate broker, was employed by defendant under a contract to negotiate the purchase of tracts of land. By the terms of the contract, plaintiff's commission was not to be paid until defendant accepted title to the land purchased. A sale of land for defendant was consummated by plaintiff but defendant, before accepting title, denied the existence of any contractual obligation to plaintiff for his services. Plaintiff brought suit for his commission. Held, there can be no recovery on a unilateral obligation to pay money before time for payment has arrived. The anticipatory breach doctrine is applicable …

The Problem Of Abstracts Of Title, Chester L. Zechiel

Indiana Law Journal

(Editor's Note: The material which follows is the report of a special committee appointed by Frank C. Olive, chairman of the Section on Property and Taxation, to study the problems involved in abstracts of title in the marketing of real estate. The importance of the subject to the legal profession and the exhaustive character of the report justifies its inclusion as a leading article in the Journal. There can be but little question that all lawyers of the State will find its content of great interest.)

Indianapolis, Indiana

January 6, 1945

Trusts-Statute Of Frauds-Oral Trust Of Land And Proceeds, Margaret Groefsema S.Ed.

Michigan Law Review

A conveyance was made of real property impressed with an oral trust unenforceable because of the statute of frauds requiring trusts of interests in land to be in writing. The land was later sold and the plaintiff as beneficiary of the parol trust sought to reach the proceeds of the sale. Held, the statute of frauds does not apply to personal property. Therefore the oral trust may be impressed upon the proceeds even though it could not have been enforced while the trust res remained realty. Simpson v. Clark, (Mass. 1944) 55 N.E. (2d) 10.

The Conflict Of Laws: A Comparative Study. Volume One. Introduction: Family Law, Ernst Rabel

Michigan Legal Studies Series

Full application of comparative methods to the law of conflicts requires a working plan of some magnitude. We ought to take stock of the conflicts rules existing in the different countries of the world, state their similarities or dissimilarities, and investigate their purposes and effects. The solutions thus ascertained should moreover be subjected to an estimation of their usefulness, by the standards appropriate to their natural objective. Conflicts rules have to place private life and business relations upon the legal background suitable to satisfactory intercourse among states and nations. They are valuable to the extent that their practical functioning, rather …

Gifts Causa Mortis--The Use Of A Written Instrument In Lieu Of Delivery Of The Thing In Gifts Causa Mortis, Frank Selby Hurst

Kentucky Law Journal

No abstract provided.

Future Interests--Rule Against Perpetuities Applied To Options In Favor Of Grantor To Purchase Back The Land Conveyed--Maddox V. Keeler, Scott Reed

Kentucky Law Journal

No abstract provided.

Interests Conveyed By Tax Sale Deed

Indiana Law Journal

Notes and Comments: Property

Ways Of Necessity: Secured By Statute, A. E. Funk Jr.

Kentucky Law Journal

No abstract provided.

Antenuptial Contracts Concerning Property Settlements, A. E. Funk Jr.

Kentucky Law Journal

No abstract provided.

The Right Of Recaption Of Chattels By Force, Viley O. Blackburn

Kentucky Law Journal

No abstract provided.

Contracts-Doctrine Of "Commercial Frustration" As Applied To Leases Of Real Property, Margaret Groefsema S. Ed.

Michigan Law Review

A mushroom crop of litigation has sprung up as a result of wartime governmental restrictions on production and consumption of civilian goods, particularly with respect to regulations of the sale of gasoline, tires, automobiles, and automobile accessories. Numerous problems have confronted the courts involving leases of property for the purpose of selling or servicing motor vehicles, where the lessee has sought to be released from his covenant to pay rent by invoking the so-called doctrine of "commercial frustration."

Landlord And Tenant-Leases-Option In Tenant To Cancel In Case Of Governmental Interference With Use Of Premises, Margaret Groefsema S. Ed.

Michigan Law Review

A lease of real property for an automobile service station contained a provision for termination of the leasehold at the option of the tenant in case "the use of the said premises for an oil and gasoline filling station be prevented, suspended or limited by any zoning statute or ordinance, or any other municipal or governmental action." Held, this clause applied to release the tenant when wartime rationing of gasoline and tires made it unprofitable for him to operate the filling station. Mid-Continent Petroleum Corporation v. Barrett, (Ky. Ct. App. 1944) 181 S.W. (2d) 60.

Covenants-Restrictions Upon The Use Of Land-Negroes

Michigan Law Review

Many years ago a subdivision in Detroit was platted, with recorded building restrictions. When ready for the sale of lots, the intended high character of the subdivision and its desirability for expensive residences was much advertised. An association, an informal organization of some of the owners of houses in the subdivision, assumed the right to pass upon the desirability of prospective lot purchasers, and there was some indication that the person who advertised and marketed most of the lots verbally agreed to submit to the association the names of prospective purchasers and assured some intending purchasers that colored persons would …

Exclusive And Nonexclusive Powers And The Illusory Appointment, John E. Howe

Michigan Law Review

Powers of appointment may be classified as either general or special. Under this classification a power is said to be a special power when the donee has the right to exercise it only in favor of a limited group of persons of which he himself is not a member.

In considering special powers it is helpful to subdivide them into two separate groups, one being termed exclusive and the other nonexclusive powers. In a factual situation where the intent of the donor is such that the donee of the power has the right to exclude any of the objects, it …

Subterranean Limits Of Land Ownership, Ira G. Stephenson

Kentucky Law Journal

No abstract provided.

Theories As To The Nature Of Equitable Servitudes, Ira G. Stephenson

Kentucky Law Journal

No abstract provided.

Acceptance Of Deeds, James Collier

Kentucky Law Journal

No abstract provided.

Liability Of Sublessee And Assignee To Owner For Rent, J. J. Yeager

Kentucky Law Journal

No abstract provided.

Measure Of Damages For Conversion Of Property Of Fluctuating Value, Ira G. Stephenson

Kentucky Law Journal

No abstract provided.

Liability Of Restaurant Keepers As Bailees Of Wraps Of Patrons, C. Kilmer Combs

Kentucky Law Journal

No abstract provided.

La Zona Marítima-Terrestre Y Los Derechos De Los Propietarios De La Finca "Mata-Abajo", Francisco R. Martínez Anaya

Mario Diaz Cruz Pamphlets

Escrito de conclusiones provisionales presentado a la Audiencia de Oriente, a nombre de Juan Campos Casanova y otros en la causa número 475 de 1940 del juzgado instrucción de Guantánamo.

Restrictions Against Occupancy - Existence Of A General Plan - Scholtes V. Mccolgan

Maryland Law Review

No abstract provided.

The Development Of The Massachusetts Probate System, Thomas E. Atkinson

Michigan Law Review

American lawyers and laymen alike take for granted a system of probate of wills and administration of decedents' estates under the supervision of a single tribunal usually called a probate court. We are familiar with the setting up of the will, appointment of the personal representative, filing of bond and inventory by the latter, granting of allowances for support of the family, notice to creditors to present their claims, and settlement of accounts of the administration, all accomplished by this court's orders or under its scrutiny. While real property is deemed to pass directly to the heirs or devisees, it …