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Articles 7591 - 7620 of 8398
Full-Text Articles in Law
Licenses--Landlord And Tenant--Effect Of Oral License Without Consideration, W. J. C.
Licenses--Landlord And Tenant--Effect Of Oral License Without Consideration, W. J. C.
West Virginia Law Review
No abstract provided.
Mines And Minerals--Merger Of Coal Lease In Reversion To Minerals--House As Trade Fixtures Under Coal Lease, J. L. G. Jr.
Mines And Minerals--Merger Of Coal Lease In Reversion To Minerals--House As Trade Fixtures Under Coal Lease, J. L. G. Jr.
West Virginia Law Review
No abstract provided.
Evidence - Negligence - Res Ipsa Loquitur - Duty Of Occupier Of Land To Users Of Adjoining Highway, Michigan Law Review
Evidence - Negligence - Res Ipsa Loquitur - Duty Of Occupier Of Land To Users Of Adjoining Highway, Michigan Law Review
Michigan Law Review
While seated in his car waiting for a traffic light to change, plaintiff was injured by the precipitation of debris caused by an explosion within the remaining walls of a building which defendant and his servants were razing. During the wrecking operations masses of bricks occasionally fell on a roped-off portion of the sidewalk under which ran two pipes through which gas was delivered to the building. After defendant's servants detected the escape of gas, the gas company removed the meters and plugged the pipes in the cellar. Gas continued to escape, and defendant was informed of its presence by …
Torts - Duty - Liability Of Abutting Property Owner To One Who Falls On Ice, Robert A. Solomon
Torts - Duty - Liability Of Abutting Property Owner To One Who Falls On Ice, Robert A. Solomon
Michigan Law Review
After having made some purchases in defendant's store, plaintiff fell on the ice and snow covering the walk in front. Alleging that the defendant had negligently cleaned the walk by leaving ridges of snow which melted and froze, forming an uneven surface, the plaintiff and her husband brought actions against the defendant store owner to recover for the injuries sustained. The lower court directed a verdict for the defendant. Held, the plaintiff could not recover because the defendant did not owe a duty to her. Therrien v. First Nat. Stores, Inc., (R. I. 1939) 6 A. (2d) 731.
May The Deed Of An Insane Grantor Be Avoided At Law As Well As In Equity?, Eugene R. Webb
May The Deed Of An Insane Grantor Be Avoided At Law As Well As In Equity?, Eugene R. Webb
Kentucky Law Journal
No abstract provided.
Maryland Mortgages For Future Advances, R. Dorsey Watkins
Maryland Mortgages For Future Advances, R. Dorsey Watkins
Maryland Law Review
No abstract provided.
The Vesting Of Remainders And Their Alienability - Bishop V. Horney Hans V. Safe Deposit & Trust Co.
The Vesting Of Remainders And Their Alienability - Bishop V. Horney Hans V. Safe Deposit & Trust Co.
Maryland Law Review
No abstract provided.
Torts - Landlord And Tenant - Liability Of Landlord To Invitee Of Tenant, Michigan Law Review
Torts - Landlord And Tenant - Liability Of Landlord To Invitee Of Tenant, Michigan Law Review
Michigan Law Review
Plaintiff was a customer of a beauty shop; upon leaving the ladies' room connected with the shop, she fell at the entrance. The floor of the ladies' room was some seven inches higher than the floor of the shop, the door extending down to the level of the shop floor. This structural defect existed at the time of the lease, and there was no covenant to repair. Plaintiff sues defendant landlord, basing her claim in nuisance. Held, defendant landlord may be liable on negligence principles, since where a landlord leases premises on which he knows or should know that …
Conveyances Of Land Identified By Monuments Of Appreciable Width, J. Granville Clark
Conveyances Of Land Identified By Monuments Of Appreciable Width, J. Granville Clark
Kentucky Law Journal
No abstract provided.
Eminent Domain - Covenants - Violation Of Building Restrictions By Exercise Of Public Authority - Necessity For Compensation, Edmund R. Blaske
Eminent Domain - Covenants - Violation Of Building Restrictions By Exercise Of Public Authority - Necessity For Compensation, Edmund R. Blaske
Michigan Law Review
It is the purpose of this comment to examine the contract and the property theories of restrictive covenants; and to suggest other possible grounds upon which to decide whether or not a public agency should compensate owners in the subdivision for interference with their restrictive covenants.
Distribution Of Property Devised Or Conveyed To One And His Children, B. H. Henard
Distribution Of Property Devised Or Conveyed To One And His Children, B. H. Henard
Kentucky Law Journal
No abstract provided.
Sale Of Land For Taxes In Kentucky, Earl S. Wilson
Sale Of Land For Taxes In Kentucky, Earl S. Wilson
Kentucky Law Journal
No abstract provided.
Vendor And Purchaser--Ejectment By The Vendor, B. H. Henard
Vendor And Purchaser--Ejectment By The Vendor, B. H. Henard
Kentucky Law Journal
No abstract provided.
Fees Simple Defeasible: The Purpose They Serve With An Appraisal Of Their Utility, M. E. Brake
Fees Simple Defeasible: The Purpose They Serve With An Appraisal Of Their Utility, M. E. Brake
Kentucky Law Journal
No abstract provided.
Taxation--Jurisdiction Of Domiciliary State To Tax Transfer Of Property Located In Another State, Marvin M. Tincher
Taxation--Jurisdiction Of Domiciliary State To Tax Transfer Of Property Located In Another State, Marvin M. Tincher
Kentucky Law Journal
No abstract provided.
The Maryland Ground Rent - Mysterious But Beneficial, Frank A. Kaufman
The Maryland Ground Rent - Mysterious But Beneficial, Frank A. Kaufman
Maryland Law Review
No abstract provided.
Zoning - Municipal Corporations - Due Process - Restrictions On Power To Change Zoning Plan Previously Adopted, Edmund R. Blaske
Zoning - Municipal Corporations - Due Process - Restrictions On Power To Change Zoning Plan Previously Adopted, Edmund R. Blaske
Michigan Law Review
The plaintiff owned several lots in a subdivision which the defendant city changed from a class "B" residence district to a class "C" residence district. In an action for a declaratory judgment the plaintiff asked the court to pronounce the amendment making pie change void. The declaration contained the following allegations: that there was already sufficient undeveloped class "C" property to satisfy present and future building needs; that the change was made at the instance of private persons, for their benefit, and not in the public interest; that the new classification would decrease the value and enjoyment of the plaintiff's …
Constitutional Law - Municipal Corporations - Delegation Of Power - Consent Of Adjoining Property Owners - Reasonableness Of Restriction On The Use Of Property., Michigan Law Review
Constitutional Law - Municipal Corporations - Delegation Of Power - Consent Of Adjoining Property Owners - Reasonableness Of Restriction On The Use Of Property., Michigan Law Review
Michigan Law Review
An ordinance of the city of Detroit regulated trailer camps in part by requiring the consent of sixty-five per cent of the adjoining property owners before a permit would issue, and by forbidding the parking of occupied trailers in any camp or camps for more than ninety accumulated days in any twelve-months' period. Plaintiff camp owner sought to restrain enforcement of the restrictions. Held, that as to both the consent and the ninety-day provisions, the ordinance is a valid and reasonable exercise of the police power. Cady v. City of Detroit, 289 Mich. 499, 286 N. W. 805 …
Zoning - Police Power - Will Change In Conditions Make Zoning Restrictions Invalid?, Edmund R. Blaske
Zoning - Police Power - Will Change In Conditions Make Zoning Restrictions Invalid?, Edmund R. Blaske
Michigan Law Review
Desiring to operate a restaurant on his land, plaintiff petitioned the city trustees of Sunnyvale to rezone his property by taking it out of the residential district and adding it to the adjacent industrial district. After denial of his petitions, plaintiff brought this suit in which he sought a judgment declaring the zoning ordinance void as to his property. Reversing the lower court's judgment in favor of the city, the supreme court held, that because conditions had changed since the enactment of the ordinance, it was void as to plaintiff's property. Skalko V. City of Sunnyvale, (Cal. 1939) …
Equitable Apportionment Of Oil And Gas Royalties, C. C. Williams, R. B. Goodwin
Equitable Apportionment Of Oil And Gas Royalties, C. C. Williams, R. B. Goodwin
West Virginia Law Review
No abstract provided.
Negligence - Escalator Not An Attractive Nuisance, Michigan Law Review
Negligence - Escalator Not An Attractive Nuisance, Michigan Law Review
Michigan Law Review
Plaintiff, a four-year-old child, accompanied his mother into defendant's department store. Having wandered over to a nearby escalator, he inserted his hand into the aperture where the steps go under the floor, and suffered the loss of two fingers for which injury this action was brought. Held, defendant's motion to dismiss the action was properly granted below, since an escalator, being an ordinary, common instrumentality constructed for ordinary and common use, is not an attractive nuisance. Kataoka v. May Department Stores Co., (D. C. Cal. 1939) 28 F. Supp. 3.
Torts - Adjoining Landowners - Duty Of Adjacent Owner To Airport Operator - Dangerous Instrumentalities, Jerome Dick
Torts - Adjoining Landowners - Duty Of Adjacent Owner To Airport Operator - Dangerous Instrumentalities, Jerome Dick
Michigan Law Review
Plaintiff operated an airport which was adjacent to defendant public utility's uninsulated electric power transmission line. Since the airplane could not enter or leave the airport without flying low over defendant's adjacent right-of-way, the wire constituted an obstruction to their means of ingress and egress; in addition there was the danger of electrocution from contact with the wires. Plaintiff contends that this constitutes an interference with his business and seeks damages. Held, for defendant; under the statute plaintiff is a trespasser because he interferes with the reasonable use of defendant's property and a landowner is under no obligation to …
Taxation-Federal Estate Tax-Joint Tenancy-Retroactivity, Richard S. Brawerman
Taxation-Federal Estate Tax-Joint Tenancy-Retroactivity, Richard S. Brawerman
Michigan Law Review
The recent decision by the Supreme Court in United States v. Jacobs deals with the troublesome issue of retroactivity under the federal estate tax law. The decedent whose estate was involved in this case had paid the entire consideration for certain real estate which was conveyed to himself and his wife as joint tenants. This transaction took place in 1909. The decedent died in 1924, shortly after the effective date of the Revenue Act of that year. The Commissioner of Internal Revenue included the entire value of the real estate in the decedent's gross estate. The executors paid the tax …
Landlord And Tenant - Assumption Of Risk Of Defective Stairway In Landlord's Control By Employee Of Tenant, John S. Pennell
Landlord And Tenant - Assumption Of Risk Of Defective Stairway In Landlord's Control By Employee Of Tenant, John S. Pennell
Michigan Law Review
Plaintiff, employee of a tenant in defendant's building, fell and suffered injuries while using a stairway designed for the use of the tenants and their employees. The stairway was in the control of the landlord, and had long been in a defective condition. It was the only means of ingress and egress. In the plaintiff's action against the landlord the trial court granted a non-suit on the ground that plaintiff had voluntarily assumed the risk of the defective stairway by her use thereof. Plaintiff appealed. Held, the question whether the plaintiff had voluntarily assumed the risk is a question …
Torts - Liability Without Fault - Rylands V. Fletcher - Necessity For Control Of Premises, Charles F. Dugan
Torts - Liability Without Fault - Rylands V. Fletcher - Necessity For Control Of Premises, Charles F. Dugan
Michigan Law Review
Defendant, under a contract with the federal government to dredge the Chesapeake and Delaware Canal, deposited the effluent material dredged from the canal upon a disposal area owned by the government. The work was carried on under government supervision, and neither the government inspectors nor defendant's employees knew, nor apparently could they have known, of any defect in the retaining wall which had previously been built by the government to hold back the material. Defendant had had nothing to do with prior dredging operations, by which the level of fixed earth behind the retaining wall had been raised considerably. After …
Real Estate Brokers' Contracts Within The Statute Of Frauds, Hardyn B. Soule
Real Estate Brokers' Contracts Within The Statute Of Frauds, Hardyn B. Soule
Washington Law Review
That the dictates of the law and the principles of common morality are not always blended to perfection is not a startlingly new pronouncement. Undoubtedly the courts use every legitimate means at their disposal in forming their decrees to enforce conduct that we are pleased to regard as called for in the name of simple honesty. But in at least one situation the Statute of Frauds has appeared to many courts to prevent a decree harmonizing law and justice. The type situation is that P, being desirous of purchasing a piece of realty, orally engages A to negotiate the purchase …
Detinue--Requirement That Property Be Of Actual Value--Alternate Judgment As Controlling Element In Value Requirement, W. E. N.
West Virginia Law Review
No abstract provided.
Mortgages - Limitation Of Actions - Deficiency Decree On Basis Of Covenant In Mortgage When Action On Note Barred, Donald M. Swope
Mortgages - Limitation Of Actions - Deficiency Decree On Basis Of Covenant In Mortgage When Action On Note Barred, Donald M. Swope
Michigan Law Review
Defendant executed and delivered to plaintiff a promissory note and a mortgage securing it. The mortgage contained a covenant to pay $10,000 (the principal amount of the note) "according to the terms of a certain promissory note bearing even date herewith." Upon foreclosure it was held, three judges dissenting, that the mortgagee was entitled to a deficiency decree notwithstanding action on the note was barred by the statute of limitations. Guardian Depositors Corporation of Detroit v. Savage, 287 Mich. 193,283 N. W. 26 (1938).
Barrett Law Bonds-Prepaid Assessments
Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps
Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps
Michigan Law Review
As a general proposition, one might perhaps feel prone to quarrel with the statement that "history repeats itself," but there can be little doubt that it applies full well to legislation aimed at relieving hard-pressed debtors in times of financial crises. From our earliest American history, every economic "winter" has provoked a landslide of pro-debtor legislation. Nor have mortgage debtors been overlooked in this regard. The remedies suggested have been as varied and ingenious as human minds could concoct. A brief review of the past decisions indicates that when they could be said to impair the obligation of contract, such …