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Articles 7861 - 7890 of 8398
Full-Text Articles in Law
Specific Performance Of Contracts For The Conveyance Of Real Estate, W. R. Jones
Specific Performance Of Contracts For The Conveyance Of Real Estate, W. R. Jones
Kentucky Law Journal
No abstract provided.
Iniciativas Parlamentarias Relativas Al Régimen Hipotecario, República De Cuba. Senado
Iniciativas Parlamentarias Relativas Al Régimen Hipotecario, República De Cuba. Senado
Mario Diaz Cruz Pamphlets
Comisión de Códigos
La Abulia Tropical Y El Problema Hipotecario, F. Carrera Justiz
La Abulia Tropical Y El Problema Hipotecario, F. Carrera Justiz
Mario Diaz Cruz Pamphlets
No abstract provided.
Book Review. New York Annotated Real Estate Forms, Bernard C. Gavit
Book Review. New York Annotated Real Estate Forms, Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.
The Meaning Of "Heirs" In Willsa Suggestion In Legal Method, Lewis M. Simes, Lorentz B. Knouff, George E. Leonard Jr.:
The Meaning Of "Heirs" In Willsa Suggestion In Legal Method, Lewis M. Simes, Lorentz B. Knouff, George E. Leonard Jr.:
Michigan Law Review
A major task of the lawyer is the prediction of judicial action. No less than a quarter of a century ago Justice Holmes referred to the law as a body of "systematized prediction." Today legal scholars are not content to base their predictions solely upon the body of rules announced in judicial opinions. By means of elaborate fact studies they have sought to ascertain how rules of law actually function in society. Not only have these studies dealt with problems of procedure and the administration of courts, they have also invaded the fields of commercial and property law. Among such …
Purchase Money Resulting Trusts In West Virginia, Donald F. Black
Purchase Money Resulting Trusts In West Virginia, Donald F. Black
West Virginia Law Review
No abstract provided.
Vendor And Purchaser-Right Of Purchaser To Exoneration As To A Prior Vendor's Lien
Vendor And Purchaser-Right Of Purchaser To Exoneration As To A Prior Vendor's Lien
Michigan Law Review
The case of McClure v. Southfield Woods Corporation, decided by the Michigan supreme court last year, raised an interesting question as to whether a contract vendee of land which is included in a tract subject to a pre-existing vendor's lien has a right of exoneration against his vendor as to such incumbrance. The plaintiff in that case had sold land to the Southfield Woods Corporation by a contract which provided for joinder of the vendor and vendee in a subdivision plat and for release of any lots from the vendor's lien upon payment of a stipulated sum, in addition …
Mortgages-Given Without Consideration But Intended As Gift
Mortgages-Given Without Consideration But Intended As Gift
Michigan Law Review
Statements that no mortgage is good unless there is consideration therefor are common; but that such statements are entirely true is very doubtful. Jones, in his book, Mortgages, makes such a statement, and then in the same section tells us that a mortgage intended as a gift will be enforced against all but prior creditors of the mortgagor. Wiltsie, in his book, Mortgage Foreclosures, states that want of consideration is a good defense, with some exceptions which are not clearly indicated. And Tiffany, in his work on Real Property, suggests that although a mortgage without consideration might be valid as …
Non-Assignment Provisions In Land Contracts, Edwin C. Goddard
Non-Assignment Provisions In Land Contracts, Edwin C. Goddard
Michigan Law Review
Many a sale of real estate is made to a purchaser who lacks the ready cash to pay the price. A deed of conveyance may be given with a mortgage back for the unpaid portion of the purchase price. But more and more in recent years the vendor has given a contract to convey conditioned upon the making of periodical payments of stipulated amounts, a deed to be given when the whole or a stated portion of the purchase price has been paid. The initial payment may be very small, and not infrequently the periodic payments are little more than …
Pleading - Joinder Of Parties - Successive Converters
Pleading - Joinder Of Parties - Successive Converters
Michigan Law Review
A chattel mortgagee brought an action for conversion against successive purchasers of mortgaged property, wrongfully sold by the mortgagor. Held, the joinder was improper. Each defendant was guilty of a separate conversion giving rise to a separate cause of action. They cannot be joined as each cause does not affect both defendants. Warren, J., dissented, Northern Finance Corp. v. Midwest Commercial Credit Co. et al. (S. D. 1931) 239 N. W. 242.
Railroads-Right To Drill For Oil Or Gas On Right Of Way
Railroads-Right To Drill For Oil Or Gas On Right Of Way
Michigan Law Review
A railroad had acquired a one-hundred-foot strip of land through a farm, the deed describing the land granted by metes and bounds, and "for railroad purposes only." For fifty years the defendant has continuously used the strip for railroad purposes. The plaintiff, who became owner of the farm and successor to whatever rights in the strip remained to his grantor, sought to enjoin the defendant from drilling for oil and gas in the strip. Held, that the railroad had purchased a fee simple absolute in the strip and was therefore entitled to develop its own minerals. Quinn v. Pere …
Mortgages -Assignment In Good Faith After Maturity Cuts Off Prior Latent Equities
Mortgages -Assignment In Good Faith After Maturity Cuts Off Prior Latent Equities
Michigan Law Review
M executed a negotiable note payable to the order of P, secured by a mortgage. After maturity, P assigned the note and mortgage without his indorsement to X for value. Y procured an assignment of these from X by fraud and in turn assigned them to Z, a purchaser without notice and for value. In Z's suit to foreclose the mortgage, X intervened, demanding the delivery of the same to himself. Held, Z's bona fide purchase cut off X's latent equity. Frank v. Brown, 255 Mich. 415, 238 N. W. 237 (1931).
Property - Ownership Of Land
Michigan Law Review
In a suit to foreclose a purchase-money mortgage, the defendant counterclaimed for a breach of covenant against incumbrances on the ground that a right had been acquired to construct a sewer across the premises at a depth of over 150 feet. The court held that this was not an incumbrance within the covenant as title did not extend to a depth beyond which the owner might reasonably use. Boehringer v. Montalto, 254 N. Y. S. 276 (1931).
Quasi-Contracts -Assumpsit For Use And Occupation Against A Trespasser In Modern Cases
Quasi-Contracts -Assumpsit For Use And Occupation Against A Trespasser In Modern Cases
Michigan Law Review
Perhaps the doctrine of stare decisis is sometimes deserving of severe criticism in its application to matters of substantive law; but the unfortunate results of uncritical adherence to precedent appear most clearly in regard to rules of procedure, where the demand for certainty cannot be justified by a supposed reliance of laymen on "settled" rules. The evils are aggravated where inconvenient decisions are not undermined or their effects evaded by the lawyer's typical process of "distinguishing'' cases. A forcible illustration is the firm refusal of most courts to extend quasicontractual relief to cases of use and occupation of land by …
Bailments - Innkeepers - Liability For Loss Of Baggage
Bailments - Innkeepers - Liability For Loss Of Baggage
Michigan Law Review
Plaintiff, a guest at defendant's hotel, on his arrival there gave his trunk check to the head porter who, in turn, gave the check to a licensed expressman. Due to the expressman's negligence the trunk was stolen. At the trial it was shown that it was customary for the defendant to make a separate charge for trunk delivery. Held, defendant was liable for the negligent performance of the contractual duties by the expressman. Davidson v. Madison Corp. (N. Y. 1931) 177 N. E. 393.
Licenses - Revocability Of Executed License - Fraud On Licensee
Licenses - Revocability Of Executed License - Fraud On Licensee
Michigan Law Review
Plaintiff and defendant were owners of adjoining city lots. At plaintiff's suggestion they constructed a common driveway, half on each lot, defendant refusing, however, to exchange reciprocal deeds therefor. Plaintiff built his house and garage to conform to the location of the drive. After long-continued use, defendant blocked his half of the drive. Inasmuch as building a new drive entirely on his own land would necessitate expensive structural changes in his house and garage, plaintiff sought an injunction. Held, that plaintiff had only a license, revocable even though acted upon, and that defendant's revocation was not such a fraud …
Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding
Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding
Michigan Law Review
The American decisions in Conflicts of Laws relating to the rights acquired by one spouse in the property of the other by virtue of the fact of marriage stand as a monument to Joseph Story . Almost without exception the cases discussed hereafter have been decided on the basis of his thorough analysis of the law of the Pandects and the eighteenth century civilians. Even where his principles have not been approved, the courts have departed from them only after real and serious consideration. This fact, kept in mind, greatly simplifies the study of the cases themselves.
Easements--Distinction Between Easement And Lease--Easements Less Than Fee, Kingsley R. Smith
Easements--Distinction Between Easement And Lease--Easements Less Than Fee, Kingsley R. Smith
West Virginia Law Review
No abstract provided.
Landlord And Tenant-Estoppel Of Tenant To Deny Landlord's Title
Landlord And Tenant-Estoppel Of Tenant To Deny Landlord's Title
Indiana Law Journal
No abstract provided.
Mortgages - Foreclosure - Right To Receiver Of Rents And Profits
Mortgages - Foreclosure - Right To Receiver Of Rents And Profits
Michigan Law Review
The plaintiff held a large mortgage on apartment property. Upon default in the payment of principal, interest, and taxes a bill of foreclosure was filed against the mortgagor and her grantees who had taken subject to the mortgage. A clause in the mortgage authorized the appointment of a receiver to collect the rents and profits upon default. After hearing, the mortgagee was appointed receiver on the theory that non-payment of taxes constituted waste. Held, that the appointment was unauthorized. Union Guardian Trust Co. v. Rau, 255 Mich. 324, 238 N. W. 166 (1931).
Brokers-Commission-When Earned
Waste - Improvement Of Premises By Life Tenant
Waste - Improvement Of Premises By Life Tenant
Michigan Law Review
The possible difficulties of a life tenant and some of the rigid and anachronistic doctrines of the law of waste are suggested by the recent case of Brokaw v. Fairchild, 135 Mis. 70, 237 N. Y. S. 6 (1929); aff'd 231 App. Div. 704,245 N. Y. S. 402 (1930), Finch, J., dissenting; aff'd, 177 N. E. 186 (1931), without opinion.
Injunctions--Equitable Servitudes--Boarding House As "Residence Purpose", Frederick H. Barnett
Injunctions--Equitable Servitudes--Boarding House As "Residence Purpose", Frederick H. Barnett
West Virginia Law Review
No abstract provided.
Mechanic's Liens-Waiver-Revival After Waiver
Mechanic's Liens-Waiver-Revival After Waiver
Indiana Law Journal
No abstract provided.
Bailments - Parking Lots
Michigan Law Review
The defendant operated a parking lot in the business section of the city. There were two entrances and exits, the balance of the lot being enclosed by barriers. B parked his car on the lot, paying twenty-five cents and receiving a ticket which stated: "This ticket must be surrendered when car is taken from lot." Attendants were on duty at all times. It was the custom to leave all cars unlocked and at night to move them near a shack which was occupied by the attendants. The car was stolen, and in a suit against the defendant corporation it was …
Book Review. Bigelow, H. A., Cases On The Law Of Personal Property, Ralph F. Fuchs
Book Review. Bigelow, H. A., Cases On The Law Of Personal Property, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Walsh W., Cases On The Law Of Property, 3rd Ed., Bernard C. Gavit
Walsh W., Cases On The Law Of Property, 3rd Ed., Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.
Mistake Of Law In Connection With Titles To Land
Mistake Of Law In Connection With Titles To Land
Michigan Law Review
The confusion resulting from hasty and inaccurate generalization is nowhere better illustrated than in the field of mistake of law as to land titles. The doctrine that no relief can be given for mistake of law is constantly re-asserted by respectable authority, particularly in the case of money paid. But the peculiar hardship in the cases of complete failure of title to land has led to a special treatment of these cases, for which the explanations in judicial opinions are unusually obscure.
Does A Lien Exist On A Motor Vehicle For Oil And Gas Furnished For Its Transportation?, Richard C. Stoll
Does A Lien Exist On A Motor Vehicle For Oil And Gas Furnished For Its Transportation?, Richard C. Stoll
Kentucky Law Journal
No abstract provided.
Eubank Service Station Vs. Allen Mcclure, Chester D. Adams
Eubank Service Station Vs. Allen Mcclure, Chester D. Adams
Kentucky Law Journal
No abstract provided.