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Articles 7741 - 7770 of 8398
Full-Text Articles in Law
Future Interests-Implication Of Condition Subsequent In Conveyance In Consideration Of Support-Equitable Aid To Owner Of Right Of Entry
Michigan Law Review
Plaintiff, guardian for one Toft, sues to quiet title to land conveyed by Toft to defendant on May 14, 1931, without solicitation or suggestion on defendant's part. Toft at the time was 74 years old. The deed reserved a life estate in Toft, and provided that the grantee was to take care of the grantor during his lifetime. This was all of the grantor's property except about $500. Defendant left after a quarrel on July 5, 1931, but returned a week later and stayed until January 18, 1932, when Toft threatened her life, and she left and has never returned. …
An Introduction To The Statute Of Uses, Wendell Carnahan
An Introduction To The Statute Of Uses, Wendell Carnahan
Kentucky Law Journal
No abstract provided.
Bailments--Gross Negligence And The Liability Of A Gratuitous Bailee, John A. Evans
Bailments--Gross Negligence And The Liability Of A Gratuitous Bailee, John A. Evans
Kentucky Law Journal
No abstract provided.
Gifts: Recovery Of Engagement Ring On Breaking Of Engagement To Marry, John A. Geyer
Gifts: Recovery Of Engagement Ring On Breaking Of Engagement To Marry, John A. Geyer
Kentucky Law Journal
No abstract provided.
Foreclosure Receiverships In Kentucky, Martin R. Glenn
Foreclosure Receiverships In Kentucky, Martin R. Glenn
Kentucky Law Journal
No abstract provided.
Asunto Cubano Reparto De Tierras Ociosas: Estudio Agro-Social, Pablo Llaguno Y De Cárdenas
Asunto Cubano Reparto De Tierras Ociosas: Estudio Agro-Social, Pablo Llaguno Y De Cárdenas
Mario Diaz Cruz Pamphlets
No abstract provided.
The Taxation Of Real Estate Subject To Mortgage And Other Incumbrances, Robert C. Brown
The Taxation Of Real Estate Subject To Mortgage And Other Incumbrances, Robert C. Brown
Articles by Maurer Faculty
The purpose of this paper is to examine the method of taxing real estate which is affected by incumbrances-either physical or legal. In particular, it is desired to consider the situation where the incumbrance is a mortgage or otherwise purely for security. And particular consideration is to be given to the propriety of taxing as real estate the interest of a non-resident mortgagee or similar incumbrancer in land within the jurisdiction.
Assignments -Validity Of Gratuitous Written Assignment
Assignments -Validity Of Gratuitous Written Assignment
Michigan Law Review
Deceased took defendant, his son, to a notary and there made and acknowledged written assignments of three mortgages he owned. He handed these assignments to defendant, saying "I give you these. Put them in the safety-deposit box." Defendant went away with the assignments which reappear only after the father's death; they were found in an envelope, marked with defendant's name in deceased's hand, in a safety-deposit box owned jointly by deceased and defendant. Deceased always retained possession and enjoyment of the actual mortgage instruments. Plaintiff, another son, claims these mortgages should be part of deceased's estate. The court held that …
Fixtures - Effect Of Forfeiture Of Lease On Rights Of Conditional Vendor Who Sold Chattels To Lessee Under Title Retention Agreement
Michigan Law Review
L executed a ninety-nine year lease of certain Chicago real estate to T, who agreed to erect thereon, as security for the payment of rent, a building of a certain description and to keep the premises free and clear of all liens arising from the construction of the building. The lease was recorded, and the building was erected with funds procured by the sale of bonds secured by a trust mortgage of the leasehold to E. When completed the building contained, as required by city ordinance, an automatic water sprinkling system, purchased by T from V under a …
Landlord And Tenant-Liability Of Lessee For Breach Of Contract- Measure Of Damages
Landlord And Tenant-Liability Of Lessee For Breach Of Contract- Measure Of Damages
Michigan Law Review
Defendant, lessee under a contract providing for payment of rents monthly in advance, moved out before expiration of the term and gave notice of refusal to comply further with the terms of the lease. Plaintiff, lessor, elected to treat the failure to pay the installment then due as a present breach of the contract and sued for damages. Defendant claimed that the contract had become unilateral after plaintiff's performance in conveying the leasehold which would give grounds for an anticipatory breach which defendant claimed was the theory of plaintiff's action. On defendant's demurrer to the complaint, it was held that …
Municipal Corporations-Regulation Of Gas Stations-Delegation To Property Owners Of Power To Modify Zoning Restrictions
Michigan Law Review
A city ordinance prohibited the installation of gasoline filling stations within the city except after obtaining the written consent of 51 per cent of the property owners within a radius of six hundred feet from the site. Relator, without obtaining the required consent, asked for a writ of mandamus, which was refused. The court held the regulation not arbitrary but substantially relating to the public safety and welfare, and not a delegation of legislative powers. State ex rel. Standard Oil Co. v. Combs, 129 Ohio St. 251, 194 N. E. 875 (1935).
Easements-Implied Grant-Right Of Way-Discontinuous
Easements-Implied Grant-Right Of Way-Discontinuous
Michigan Law Review
Plaintiff's testator owned a tract of land on which there were two houses. In 1897 he sold one house, which came to the defendant by various mesne conveyances. Defendant's property was narrow, the sole means of access to the rear of the house being a driveway, wholly situated on the land retained, now owned by the plaintiff. From the time of its erection all occupants of defendant's dwelling had used the driveway as a means of hauling coal and wood to the rear of the house. Plaintiff sought to restrain this use and defendants claimed an implied easement, by grant, …
Equity-Rescission For Fraud-Equitable Lien In Aid Of Restitution
Equity-Rescission For Fraud-Equitable Lien In Aid Of Restitution
Michigan Law Review
Defendant had an option to buy certain land at $95 per acre. He induced the plaintiff to take 100 acres at $300 per acre by fraudulently representing the land to be of the same value and quality as some he had previously sold her, and by concealing the existence of the option. Defendant used $20,000 of plaintiff's money to purchase and improve another tract of land as a homestead. Plaintiff seeks to have the contract of purchase rescinded and to secure a lien on the homestead. Held, conveyance of the 100 acre tract rescinded and title to it restored …
Specific Performance-Failure Of Vendor's Title
Specific Performance-Failure Of Vendor's Title
Michigan Law Review
The defendant leased his ice plant to the plaintiff with an option to purchase at a certain price and to pay an additional $50 in ice at the market price for the "east 15 ft. of lot 4." The plaintiff exercised the option and performed all the conditions. The defendant failed to execute a deed to the "east 15 ft. of lot 4," claiming that he did not own it, although he had accepted part of the purchase price for the parceI not owned and it was necessary for the operation of the ice plant. In an action for specific …
Subrogation-Rights Of Ward In Security For Debt Of Guardian Discharged By Diverted Fund
Subrogation-Rights Of Ward In Security For Debt Of Guardian Discharged By Diverted Fund
Michigan Law Review
S, guardian for some minor children, used $ 1200 of their money without order of court for the discharge of a mortgage on land belonging equally to himself and the wards. Plaintiff, obtaining a judgment against S, levied on his apparent half-interest in the land and purchased it at the execution sale for the balance due on the judgment. In partition proceedings the wards set up the unauthorized use of their money and claimed a lien for $600 on plaintiff's interest. Held, since the plaintiff gave no consideration except the satisfaction of an antecedent debt, it is …
Future Interests-Rule Against Perpetuities-Application To Estate Created Under Power Of Appointment By Will Only
Michigan Law Review
The testator died in 1872 leaving to testatrix in trust certain property over which she was given a general power of appointment by will. The testatrix died in 1928 leaving this property in a trust which was found to violate the rule against perpetuities. In discussing this, the question was raised whether in testing the validity of the estate created by the power of appointment, the period of the rule is calculated from the time of the creation of the power of appointment or from the time of its exercise. Held, that the permissible period is to be measured …
Deeds--Estoppel--Confirmation Of Married Woman's Conveyance
Deeds--Estoppel--Confirmation Of Married Woman's Conveyance
West Virginia Law Review
No abstract provided.
Mines And Minerals--Effect Of Reservation Of Royalties From Leasehold As To Inclusion Of Same On Renewal
West Virginia Law Review
No abstract provided.
Oil And Gas Lease--Natures Of Lessee's Interest--Enforcement Of Lien Of Execution
Oil And Gas Lease--Natures Of Lessee's Interest--Enforcement Of Lien Of Execution
West Virginia Law Review
No abstract provided.
Notice By Possession Of Real Property V. Record Title, Harvey B. Hartsock
Notice By Possession Of Real Property V. Record Title, Harvey B. Hartsock
Indiana Law Journal
No abstract provided.
Deeds - Effectiveness Of Deeds Delivered With Blank For Name Of Grantee
Deeds - Effectiveness Of Deeds Delivered With Blank For Name Of Grantee
Michigan Law Review
In an action upon an oral contract to recover the purchase price of an equity in realty, it appeared that the plaintiff executed a deed with a blank left for the name of the grantee and delivered it to the defendant, whereupon the latter refused to make the promised payment, and suit was brought. The Statute of Frauds being interposed as a defense, on the theory that the contract, being oral, was unenforceable in the absence of a showing of part performance, it was held, that the delivery of the incomplete deed, giving the defendant implied authority to fill …
Equity - Rescission Of Contract Induced By Fraud - Money Judgment As An Alternative To Specific Restitution
Michigan Law Review
Plaintiff entered into an agreement for the exchange of interests in real estate with one of the defendants. After payment of part of the boot money agreed upon, the plaintiff defaulted and sued to have the agreement rescinded for fraud. The trial court rendered a money judgment for the amount at which the plaintiff's property had been taken on the trade. Held, that defendant's wife, to whom the property had been conveyed, should have been joined, and that the decree should be modified to order a reconveyance to the plaintiff. Bacon v. Fox, 267 Mich. 589, 255 N. …
The Land Book Assessment Amendment--Enabling Legislation, William H. Waldron Jr.
The Land Book Assessment Amendment--Enabling Legislation, William H. Waldron Jr.
West Virginia Law Review
No abstract provided.
Oil And Gas--Quasi Contractual Liability For Storage Of Gas Under Plaintiff's Land, Stephen Ailes
Oil And Gas--Quasi Contractual Liability For Storage Of Gas Under Plaintiff's Land, Stephen Ailes
West Virginia Law Review
No abstract provided.
Eminent Domain --Valuation Of Leaseholds -- Apportionment Of Award Between Landlord And Tenant In Long-Term Lease
Michigan Law Review
The Michigan Supreme Court had before it last fall a very unusual case involving the apportionment of a condemnation award between landlord and tenant. Only a portion of the leasehold premises was condemned. The lease still had approximately eighty years to run; it had no market value due primarily to the depression; and it constituted the sole assets of the lessee. The lease contained a clause. providing for rent abatement in case part of the premises was condemned. The lessors insisted that the lessee must be content with this rent abatement and that they were entitled to the whole award. …
Easements - Extinguishment By Adverse Possession Of Servient Owner - Character Of Acts Necessary
Easements - Extinguishment By Adverse Possession Of Servient Owner - Character Of Acts Necessary
Michigan Law Review
In I 902, Y, the owner of riparian land, granted to W, by deed then recorded, the flowage rights over such land. Some years later by general warranty deed containing no reference to the easement, the servient land was conveyed to L, from whom by similar successive conveyances it came to the plaintiff. In the interval the flowage rights had passed to the defendant, and in 1931 the latter erected a dam across the river and flooded the plaintiff's land. Thereupon the plaintiff brought this action for damages. The trial court held that, though all the owners …
Recording - Operation Of The Recording Acts On Quitclaim Deeds
Recording - Operation Of The Recording Acts On Quitclaim Deeds
Michigan Law Review
A conveyed two specific lots in Harris County to B. Before that deed was recorded, and while the lots were still vacant, A conveyed several specific tracts of land to C and added a blanket clause of "all other lands and interest in lands belonging to A in Harris County"; C made a like conveyance to D; D conveyed the two specific lots in question to E by warranty deed; E conveyed the two lots to plaintiff by warranty deed sixteen years after the deed to C. All the deeds in the second chain of title were …
Taxation - Assessment For Property Taxes
Taxation - Assessment For Property Taxes
Michigan Law Review
In 1926 the plaintiff purchased a lot with the building thereon for $41,000 and expended $ 10,000 in the improvement of the premises. In the same year the property was leased for a period of fifteen years under an agreement that the rent was to be $6,000 for the first five years, $8,000 for the second five, and $10,000 for the third. Plaintiff objected to the tax assessment of $68,660 for the years 1929, 1930, 1931, and 1932 on the grounds that the court based its valuation on (1) actual earnings instead of earning capacity, and on (2) gross, as …
Oil And Gas--Construction Of Drill Of Pay Covenant For Further Development--Effect Of Payment Of Delay Rentals, Stephen Ailes
Oil And Gas--Construction Of Drill Of Pay Covenant For Further Development--Effect Of Payment Of Delay Rentals, Stephen Ailes
West Virginia Law Review
No abstract provided.
Streets--Dedication By Record Plat--Conditions, Charles C. Wise Jr.
Streets--Dedication By Record Plat--Conditions, Charles C. Wise Jr.
West Virginia Law Review
No abstract provided.