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Articles 7771 - 7800 of 8398
Full-Text Articles in Law
The Tort Liability Of Users Of Abandoned Property, James W. Johnston
The Tort Liability Of Users Of Abandoned Property, James W. Johnston
Washington Law Review
A question which from the standpoint of decisions is seemingly unique was raised in the case of Locke v. Pacific Telephone & Telegraph Co. et al, 78 Wash. Dec. 40, 33 Pac. (2d) 1077 (1934), concerning the liability of users of abandoned property The city of Seattle erected a pole in 1905 on a parking strip bordering one of its streets, for the purpose of carrying the wires of the city's light plant. In 1926 the city removed all of its wires from the pole, and shortly thereafter the defendant telephone company placed a single drop wire on the pole …
Rights In Land - Lateral Support - Statute Increasing Common Law Rights And Duties - Constitutionality
Michigan Law Review
Plaintiff sued for damages to his building which collapsed during excavating operations on defendant's adjoining land. A Michigan statute makes it the duty of land owners excavating to a depth of 12 feet or more below grade level to furnish sufficient lateral support to protect adjacent land and structures thereon from injury "due to the removed material in its natural state, or due to the disturbance of other existing conditions caused by such excavation," and imposes liability for injuries due to failure to comply with the act. The excavation on defendant's land, reaching a depth of 14 feet below grade …
Injury To Surface And Coal Of A Contiguous Tract Due To The Projection Of Force Resulting From Mining, John L. Detch
Injury To Surface And Coal Of A Contiguous Tract Due To The Projection Of Force Resulting From Mining, John L. Detch
West Virginia Law Review
No abstract provided.
Chattel Mortgages--Recordation--Effect Of Failure To Index, Morris S. Funt
Chattel Mortgages--Recordation--Effect Of Failure To Index, Morris S. Funt
West Virginia Law Review
No abstract provided.
Taxation--Assessment Of Undivided Interests--Land Book Assessment Amendment, William H. Waldron Jr.
Taxation--Assessment Of Undivided Interests--Land Book Assessment Amendment, William H. Waldron Jr.
West Virginia Law Review
No abstract provided.
Mortgages - Priorities Between Mortgages And Mechanics' Liens, Robert S. Eastin
Mortgages - Priorities Between Mortgages And Mechanics' Liens, Robert S. Eastin
University of Missouri Bulletin Law Series
Since they are of statutory origin, mechanics' liens must be classified and treated upon a different basis than other common liens, which owe at least a large part of their existence to the rules of the common law and equity. The rules governing the priorities of such liens are in many respects similar to those followed with regard to mortgages and other contractual liens. However, for various reasons, the rules as to, the priorities given to mechanics liens are sufficiently different to bear separate study. It is the purpose of this note to inquire into the particular question of priorities …
Doctrine Of Lis Pendens In Legal Actions Affecting Land, The, Gardner Smith
Doctrine Of Lis Pendens In Legal Actions Affecting Land, The, Gardner Smith
University of Missouri Bulletin Law Series
From conversations which the writer has had with various members of the Bar, including title attorneys, there seems to be a general belief that purchasers of land from a party to a pending suit affecting it, are not charged with constructive knowledge of such suit unless a notice of its pendency is filed in the office of the Recorder of Deeds, as provided by Section 3155, R. S. Mo. 1929. This, however, is not the case except as to the limited character of actions mentioned in this section. As will be pointed out, there are many types of real actions …
Torts-Deceit-Oral Promise To Buy Land
Constitutional Law--Eminent Domain-Public Use
Constitutional Law--Eminent Domain-Public Use
Indiana Law Journal
No abstract provided.
Equitable Conversion As Affecting Purchaser's Rights To Vendor's Insurance Policy, Harry I. Stegmaier
Equitable Conversion As Affecting Purchaser's Rights To Vendor's Insurance Policy, Harry I. Stegmaier
Kentucky Law Journal
No abstract provided.
The Taxation Of Trust Property, Robert C. Brown
The Taxation Of Trust Property, Robert C. Brown
Articles by Maurer Faculty
No abstract provided.
Specific Performance Of Contracts To Convey Real Estate, Robert Bird, William E. Fanning
Specific Performance Of Contracts To Convey Real Estate, Robert Bird, William E. Fanning
Kentucky Law Journal
No abstract provided.
The Taxation Of Trust Property, Robert C. Brown
The Taxation Of Trust Property, Robert C. Brown
Kentucky Law Journal
No abstract provided.
Equity--Executory Contract For The Sale Of Real Estate--Risk Of Loss, Robert Edwin Hatton Jr.
Equity--Executory Contract For The Sale Of Real Estate--Risk Of Loss, Robert Edwin Hatton Jr.
Kentucky Law Journal
No abstract provided.
Conflict Of Laws - Foreign Marriage - Dower
Conflict Of Laws - Foreign Marriage - Dower
Michigan Law Review
Plaintiff was divorced in the District of Columbia on the ground of her adultery with defendant's intestate. A statute of the District provided that the innocent party only may remarry. With no intention of evading the statute, plaintiff and defendant's intestate established a domicil in Florida and were there married. On the death of the latter in the District of Columbia, plaintiff claimed a dower interest in real estate located there. Held, plaintiff can recover. Loughran v. Loughran, 292 U. S. 216, 54 Sup. Ct. 684 (1934), reversing Loughran v. Loughran, (App. D. C. 1933) 66 F. …
Recording - Preservation Of Priority By Recording Within Statutory Period
Recording - Preservation Of Priority By Recording Within Statutory Period
Michigan Law Review
Plaintiff sued to foreclose a motor vehicle lien filed under the provisions of sections 8524-8528, Mason's Minn. Stat. (1927). Intervener interposed a claim as bona fide purchaser of the automobile before the lien was recorded. Plaintiff did record within the sixty day period fixed by the statute for that purpose. Held, the lien is superior to the title of intervener, even though latter bought the automobile without knowledge or notice, actual or constructive, of the lien. Pratt v. Armstrong et al. (Bud Johnson, Inc., Intervener), (Minn. 1934) 255 N. W. 91.
Vendor And Purchaser - Mortgaging Of Land By Vendor - Effect On Vendee's Duty To Continue Installment Payments
Michigan Law Review
Plaintiffs agreed in writing to purchase a tract of land from the defendant, the purchase price to be paid in stated installments or in full at any time at the option of the plaintiffs. Two days after the formation of the contract the defendant mortgaged the land, and about eight months later placed a second mortgage on it. Plaintiffs denied having any knowledge of the mortgages until attempts were made to foreclose them. Previous to this, however, they had defaulted in their payments. In an action in general assumpsit to recover the amount of the installments paid it was held …
Oil And Gas--Damages For Wrongful Geophysical Exploration, Stephen Ailes
Oil And Gas--Damages For Wrongful Geophysical Exploration, Stephen Ailes
West Virginia Law Review
No abstract provided.
Vendor And Purchaser--Rescission Of Contract--Tender Of Possession, Houston A. Smith
Vendor And Purchaser--Rescission Of Contract--Tender Of Possession, Houston A. Smith
West Virginia Law Review
No abstract provided.
Duty Of A Landlord To Third Persons Outside The Premises, Orville K. Algyer
Duty Of A Landlord To Third Persons Outside The Premises, Orville K. Algyer
Washington Law Review
The recent case of Munger v. Unon Savings & Loan Assn., presents a phase of the rather interesting question, under what factual circumstances will the courts find that the landlord after having leased his premises will continue to be held responsible for the general duties of an occupant in relation to third persons who are injured outside the premises, at a place where such persons have a right to be, by a defective condition or nuisance existing on the premises demised. In tbis case D, occupying a four-story building adjoining a public street, rented the third and fourth floors of …
Municipal Corporations - Immunity Of City From Tort Liability - Attractive Nuisance
Municipal Corporations - Immunity Of City From Tort Liability - Attractive Nuisance
Michigan Law Review
The minor plaintiff, a child of eleven, was injured when she fell from a swing in a playground maintained by the defendant, and struck a jagged stone which protruded from the surface of the earth about eight feet beyond the base of the swing. She and her parents joined as plaintiffs in this suit, alleging that the defendant was negligent in failing to keep the ground around the swing in a reasonably safe condition and free from dangerous objects upon which a child might fall. Held, the defendant is liable for its failure to keep the earth around the …
The Indiana Law Of Future Interests, Descent And Wills, By Bernard C. Gavit, Glenn D. Peters
The Indiana Law Of Future Interests, Descent And Wills, By Bernard C. Gavit, Glenn D. Peters
Indiana Law Journal
No abstract provided.
The Vendee's Lien- On Land And Chattels
The Vendee's Lien- On Land And Chattels
Michigan Law Review
The vendee's lien is now firmly established as an equitable device to insure full restitution to the purchaser of land on his rescission for the vendor's fraud or default. It first appeared in a dictum in an early English case where it was suggested as a possible analogy to the implied vendor's lien for the purchase money. But it was 1855 before the question was presented squarely to an English court of record, and 1860 when the House of Lords definitely approved it. Long before this, however, courts of equity in the United States had begun to μse this device …
Trusts - Change Of Circumstances As Basis For Variation Of Trust Instrument
Trusts - Change Of Circumstances As Basis For Variation Of Trust Instrument
Michigan Law Review
The testator left his estate to trustees with directions to pay the income to his widow and three sons in equal shares, the principal to vest in the sons upon his widow's marriage or death. The widow in addition was given the use of the family homestead or the use of a new home not to exceed the price of $25,000. The homestead, valued at $200,000, became undesirable for residential purposes due to the growth of the business center of the city. The widow petitioned the court to direct the trustees to pay her $15,000 a year from the trust …
Developments In The Doctrine Of Carper V. United Fuel Gas Company, Trixy M. Peters
Developments In The Doctrine Of Carper V. United Fuel Gas Company, Trixy M. Peters
West Virginia Law Review
No abstract provided.
Landlord And Tenant--Nature Of Hold-Over Tenancy--Right Of Distress As Against Intervening Chattel Mortgage, Morris F. Funt
Landlord And Tenant--Nature Of Hold-Over Tenancy--Right Of Distress As Against Intervening Chattel Mortgage, Morris F. Funt
West Virginia Law Review
No abstract provided.
Mines And Minerals--Conveyancing Of Coal By Sale Or Lease, John L. Detch
Mines And Minerals--Conveyancing Of Coal By Sale Or Lease, John L. Detch
West Virginia Law Review
No abstract provided.
Priority Between Morgagee And Creditor Of Mortgagor In An Unrecorded Chattle Mortgage, Gordon H. Sweany
Priority Between Morgagee And Creditor Of Mortgagor In An Unrecorded Chattle Mortgage, Gordon H. Sweany
Washington Law Review
The interpretation of this statute by the Washington Supreme Court has not always been uniform or certain. In determining the priority of the respective claims of a mortgagee under a defective mortgage and of a creditor of the mortgagor, several questions may be raised which can not be answered with certainty as the law stands today.
Party Walls-What Constitutes A Use-Use By Lessee Of Non Builder
Party Walls-What Constitutes A Use-Use By Lessee Of Non Builder
Indiana Law Journal
No abstract provided.
Contracts - Consideration - Agreement To Reduce Rent Reserved In Lease
Contracts - Consideration - Agreement To Reduce Rent Reserved In Lease
Michigan Law Review
Plaintiff sued defendants, who were trustees of a business trust, to enforce personal liability upon them for accrued rent due under a lease. When the lessee company, which was losing money because of the depression, threatened to vacate the premises, the plaintiff acquiesced in the lessee's demand that the rent be reduced for the balance of the term. Plaintiff sought to recover the amount due under the lease, claiming that the agreement for reduction was without consideration and therefore a nullity. Held, that in view of plaintiff's knowledge of the lessee's financial condition, the latter's agreeing to remain in …