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Articles 7561 - 7590 of 8398

Full-Text Articles in Law

Re-Survey Warrant - Navigable Waters - Adverse Possession - Gray V. Gray Jan 1941

Re-Survey Warrant - Navigable Waters - Adverse Possession - Gray V. Gray

Maryland Law Review

No abstract provided.


Construction Of Conveyance Made In Exchange For The Grantee's Promise To Support The Grantor, Clarence Cornelius Jan 1941

Construction Of Conveyance Made In Exchange For The Grantee's Promise To Support The Grantor, Clarence Cornelius

Kentucky Law Journal

No abstract provided.


Constitutional Law- Eminent Domain - Power Of State To Condemn Land For Low-Cost Housing And Transfer To The United States, Oscar Freedenberg Jan 1941

Constitutional Law- Eminent Domain - Power Of State To Condemn Land For Low-Cost Housing And Transfer To The United States, Oscar Freedenberg

Michigan Law Review

Public low-cost housing legislation on a national scale in this country began with title II, section 202 of the National Industrial Recovery Act of 1933, which authorized the administrator to embark upon a program for "construction, reconstruction, alteration, or repair under public regulation or control of low-cost housing and slum-clearance projects." But soon thereafter, in United States v. Certain Lands in the City of Louisville, a majority of the United States Circuit Court of Appeals for the Sixth Circuit decided that the N.I.R.A. was unconstitutional so far as it attempted to authorize the condemnation of land by the United …


Warranties At A Judicial Sale, Paul J. Durbin Jan 1941

Warranties At A Judicial Sale, Paul J. Durbin

Kentucky Law Journal

No abstract provided.


Equity: Restrictive Covenants; Construction Of Covenant To Use Property For Erection Of A Residence, R. T. Sweeney Jan 1941

Equity: Restrictive Covenants; Construction Of Covenant To Use Property For Erection Of A Residence, R. T. Sweeney

Kentucky Law Journal

No abstract provided.


Leasehold Rights In Bankruptcy And Equity Proceedings, A. O. Stanley Jan 1941

Leasehold Rights In Bankruptcy And Equity Proceedings, A. O. Stanley

Kentucky Law Journal

No abstract provided.


Equity: Specific Performance Of A Contract To Reconvey Land Transferred By Fraudulent Conveyance, W. L. Matthews Jr. Jan 1941

Equity: Specific Performance Of A Contract To Reconvey Land Transferred By Fraudulent Conveyance, W. L. Matthews Jr.

Kentucky Law Journal

No abstract provided.


Interpretation Of Kentucky Statutes Concerning Division Fences, Harry W. Roberts Jr. Jan 1941

Interpretation Of Kentucky Statutes Concerning Division Fences, Harry W. Roberts Jr.

Kentucky Law Journal

No abstract provided.


Sales By Executors And Administrators, Clarence Cornelius Jan 1941

Sales By Executors And Administrators, Clarence Cornelius

Kentucky Law Journal

No abstract provided.


Banks And Banking -Trusts - Right Of Bank To Sell Participating Trust Certificates In Self-Owned Property, Michigan Law Review Jan 1941

Banks And Banking -Trusts - Right Of Bank To Sell Participating Trust Certificates In Self-Owned Property, Michigan Law Review

Michigan Law Review

In 1923 the trust company entered into a transaction with the land company by which the land company borrowed $130,000 with which it purchased a city property for slightly less than that amount and gave title to the trust company as security for the loan. Through a series of loans later negotiated the trust company came to have an investment of $150,000 in the property. In 1926 the trust company made an agreement with the land company pursuant to which the trust company declared itself trustee of the property at an appraised value almost fifty per cent above the purchase …


Deeds - Construction - Effect Of Words Showing Purpose Of Grant, Michigan Law Review Jan 1941

Deeds - Construction - Effect Of Words Showing Purpose Of Grant, Michigan Law Review

Michigan Law Review

Plaintiff sought to enjoin defendants from drilling for oil and gas on a strip of land which defendants claimed through a "right of way deed" conveying and warranting the strip to a railroad company "as and for its right of way'' and describing the land as "across and upon" a certain quarter-section. The deed recited as consideration $250 and the benefits accruing to the grantor through the construction and operation of a railroad on the land. Tracks were never laid on the strip, but the railroad company continued to pay taxes thereon. Held, that under Illinois law a fee …


Easements--Location When Not Definitely Described, H. P. S. Dec 1940

Easements--Location When Not Definitely Described, H. P. S.

West Virginia Law Review

No abstract provided.


Landlord And Tenant--Covenant To Rebuild--When Right Of Action Accrues Thereon, H. P. B. Jr. Dec 1940

Landlord And Tenant--Covenant To Rebuild--When Right Of Action Accrues Thereon, H. P. B. Jr.

West Virginia Law Review

No abstract provided.


Reversions And Remainders--Recovery Of Permanent Damages--Measures Of Damages, H. L. W. Jr. Dec 1940

Reversions And Remainders--Recovery Of Permanent Damages--Measures Of Damages, H. L. W. Jr.

West Virginia Law Review

No abstract provided.


Landlord And Tenant - Necessity For Consideration For Lease, James A. Lee Dec 1940

Landlord And Tenant - Necessity For Consideration For Lease, James A. Lee

Michigan Law Review

In an action to cancel a five-year lease, it appeared that the lessee had agreed to pay as rent an amount equal to one cent a gallon on each gallon of gasoline delivered, by it, on the leased premises. Held, that the lease was valid, as it created a bilateral contract supported by consideration on both sides, since according to the court's construction of the lease the lessee had impliedly promised to use the premises as an automobile filling and service station for the stipulated period and so would necessarily be required to deliver gasoline there. Jackson v. Pepper …


Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers Dec 1940

Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers

Michigan Law Review

In a recent Michigan case it appeared that for more than the statutory period of limitation the plaintiff railroad had maintained a right-of-way over land to which the defendant held the record title. A decree quieting title in fee simple absolute in the plaintiff railroad was sought in order to determine the ownership of the oil and gas underlying the right-of-way. The court held that the railroad acquired by adverse user of the right-of-way no title to the oil and gas or other minerals beneath the surface of the land.


Deeds - Exceptions And Reservations - Use Of Extrinsic Evidence To Interpret Uncertain Exceptions - Exception To Grant Described In Document To Be Drawn, Michigan Law Review Dec 1940

Deeds - Exceptions And Reservations - Use Of Extrinsic Evidence To Interpret Uncertain Exceptions - Exception To Grant Described In Document To Be Drawn, Michigan Law Review

Michigan Law Review

In anticipation of becoming the owner of a tract of land, S agreed to convey to a water company that portion of the land which the company would require for its reservoir. On acquiring the land, S conveyed the tract to F "except about 25/100 acres on the westerly side to be deeded to the Centralia Water Works Co." Ten days later, S conveyed to the water company "all that part . . . that is now or shall hereafter be, covered by water in the reservoir of said . . . company to high water mark in flood time …


Measures Of Land Value For Utility Regulation, Lrston R. Barnes Nov 1940

Measures Of Land Value For Utility Regulation, Lrston R. Barnes

Michigan Law Review

The appraisal of the land of utility corporations presents problems that are not encountered in the valuation of other utility properties. The basic principles and methods of appraisal applicable to other properties are considered inappropriate for the valuation of lands, and certain inconsistencies between the treatment of land and other properties suggest embarrassing questions as to the principles which should guide the regulation of utility rates. Two concrete problems may serve to provide orientation for the discussion which follows: What elements of cost imposed on utilities in the acquisition of real estate are entitled to consideration in establishing rates? To …


Eminent Domain - Measure Of Compensation - Admissibility Of Evidence Of Past Profits, Alfred G. Ellick Jr. Nov 1940

Eminent Domain - Measure Of Compensation - Admissibility Of Evidence Of Past Profits, Alfred G. Ellick Jr.

Michigan Law Review

Plaintiff corporation, lessee for a term of ten years of a tract of real estate located at the intersection of a main highway and the tracks of the lessor railroad, was engaged in the poultry business and in the retail buying and selling of automobile equipment. The location of the plaintiff's leasehold enabled the plaintiff to effect many economies in the operation of its business. The defendant municipality constructed a viaduct over the railroad tracks in such a manner that, while none of the plaintiff's property was actually taken, its usefulness as a retail outlet was destroyed. Plaintiff brought suit …


Eminent Domain - Power Of The Federal Government To Condemn Land In Public Use For An Inconsistent Federal Use, Robert P. Kneeland Nov 1940

Eminent Domain - Power Of The Federal Government To Condemn Land In Public Use For An Inconsistent Federal Use, Robert P. Kneeland

Michigan Law Review

Defendants, landowners and next of kin of persons buried in a cemetery which was being subjected to condemnation, moved to dismiss the federal government's petition for condemnation of such lands on the grounds that the federal statutes did not authorize the United States to take land already dedicated to a public use for an inconsistent use; and that public cemeteries were not subject to the United States' power of eminent domain. The land was being condemned to effectuate a federal project under the National Industrial Recovery Act and the Federal Emergency Relief Appropriations Act of 1935, and was for public …


Chattel Mortgages-Mechanics' Liens-Priorities Aug 1940

Chattel Mortgages-Mechanics' Liens-Priorities

Indiana Law Journal

Recent Case Notes


Powers Of Sale In Chattel Mortgagors, Elvin H. Hewins Aug 1940

Powers Of Sale In Chattel Mortgagors, Elvin H. Hewins

Indiana Law Journal

No abstract provided.


Oil And Gas--Enforcement Of Free Gas Clause In Equity, J. L. G. Jr. Jun 1940

Oil And Gas--Enforcement Of Free Gas Clause In Equity, J. L. G. Jr.

West Virginia Law Review

No abstract provided.


Right To Set-Off Benefits Against Damages To Property In Eminent Domain Proceedings, D. R. K. Jun 1940

Right To Set-Off Benefits Against Damages To Property In Eminent Domain Proceedings, D. R. K.

West Virginia Law Review

No abstract provided.


Quieting Equitable Title-Boundaries Jun 1940

Quieting Equitable Title-Boundaries

Indiana Law Journal

Recent Case Notes


Forfeiture Of Lease For Failure To Market Gas, C. C. Williams Jr., R. B. Goodwin Jun 1940

Forfeiture Of Lease For Failure To Market Gas, C. C. Williams Jr., R. B. Goodwin

West Virginia Law Review

No abstract provided.


Public Officers - Federal Officer's Liability For Damages Done To Property Pursuant To Statutory Authorization, Jerome J. Dick Jun 1940

Public Officers - Federal Officer's Liability For Damages Done To Property Pursuant To Statutory Authorization, Jerome J. Dick

Michigan Law Review

The defendant, pursuant to a contract with the United States government for improving navigation on the Missouri River, built some structures in the bed of this navigable waterway which caused a shifting of the channel resulting in damage to the riparian lands of the plaintiff. Thereupon plaintiff sued for damages. In reversing the trial court, which had granted judgment for the plaintiff, the circuit court of appeals said that the action could be maintained against the defendant if there was a wrongful invasion of plaintiff's property rights; but held for defendant because the damage suffered by plaintiff was an incident …


Taxation - Federal Estate Tax - What Is A General Power Of Appointment Within The Meaning Of The Federal Statute?, John H. Pickering Jun 1940

Taxation - Federal Estate Tax - What Is A General Power Of Appointment Within The Meaning Of The Federal Statute?, John H. Pickering

Michigan Law Review

Decedent exercised her testamentary power to appoint the income of a discretionary trust. The commissioner declared a tax deficiency for failure to include the property subject to the power in the gross estate. The executor appealed on the ground that the power was a special power under Wisconsin law since the trustee could withhold the income from any beneficiary. Held, the power was general since it was exercisable in favor of the donee's estate or her creditors and therefore the exercise of the power was taxable under section 302(f) of the Revenue Act of 1926. Morgan v. Commissioner, …


Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Benjamin W. Franklin Jun 1940

Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Benjamin W. Franklin

Michigan Law Review

In 1915, defendant leased a tract of land to X for ninety-nine years. The lease provided that the lessee could remove the old building and replace it; and that on termination, the lessee should surrender the land, buildings and improvements. In 1929, the lessee razed the old structure and erected a new one. On default by the lessee in 1933, the lease was cancelled and defendant repossessed the premises. The commissioner of internal revenue determined that the difference between the fair market value of the new building in 1933 and the unamortized cost of the building razed in 1929 was …


Constitutional Law - Eminent Domain - Value As Fixed By Agreement Between The Parties - When Is Property Taken For Purpose Of Determining Payment Of Interest?, John H. Pickering May 1940

Constitutional Law - Eminent Domain - Value As Fixed By Agreement Between The Parties - When Is Property Taken For Purpose Of Determining Payment Of Interest?, John H. Pickering

Michigan Law Review

Defendant's land, situated between the riverside and set-back levees of the proposed floodway extending along the western bank of the Mississippi from Bird's Point to New Madrid, Missouri, was inundated in the flood of 1937, at which time the floodway, with its system of fuse plugs (whereby the riverbank levee was to be lowered to allow flood waters to spend their destructive force by spreading over larger areas) was not yet in operation. Thereafter the United States, under authority conferred by the Flood Control Act of 1928, instituted condemnation proceedings to secure flowage rights over defendant's land. Defendant claimed that …