Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (944)
- University of Colorado Law School (552)
- West Virginia University (416)
- William & Mary Law School (353)
- Seattle University School of Law (332)
-
- University of Kentucky (283)
- Vanderbilt University Law School (260)
- Texas A&M University School of Law (256)
- University of Washington School of Law (192)
- Maurer School of Law: Indiana University (190)
- UIC School of Law (183)
- Cornell University Law School (178)
- University of Richmond (156)
- University of Maryland Francis King Carey School of Law (149)
- University at Buffalo School of Law (148)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (144)
- Fordham Law School (142)
- Washington and Lee University School of Law (123)
- Cleveland State University (117)
- Villanova University Charles Widger School of Law (114)
- Yeshiva University, Cardozo School of Law (113)
- St. Mary's University (103)
- Brooklyn Law School (102)
- Columbia Law School (98)
- New York Law School (91)
- Touro University Jacob D. Fuchsberg Law Center (87)
- Maurice A. Deane School of Law at Hofstra University (82)
- University of Oklahoma College of Law (80)
- Chicago-Kent College of Law (79)
- Notre Dame Law School (78)
- Keyword
-
- Property (781)
- Property rights (258)
- Eminent domain (246)
- Property law (223)
- Zoning (171)
-
- Land use (161)
- Real property (150)
- Takings (142)
- United States (136)
- Land (127)
- Property-Personal and Real (126)
- Mortgages (122)
- Private property (122)
- Colorado (112)
- Fifth Amendment (112)
- Real estate (110)
- California (106)
- Property Rights (102)
- Ownership (99)
- Eminent Domain (92)
- Foreclosure (92)
- Housing (90)
- Property Law (90)
- Law (80)
- Leases (78)
- Public lands (77)
- Takings Clause (77)
- Real Estate (75)
- Michigan (73)
- Easements (70)
- Publication Year
- Publication
-
- Michigan Law Review (747)
- West Virginia Law Review (411)
- Faculty Scholarship (353)
- Seattle University Law Review (266)
- Kentucky Law Journal (235)
-
- Texas A&M Journal of Property Law (176)
- Vanderbilt Law Review (173)
- Articles (171)
- Faculty Publications (168)
- Washington Law Review (154)
- UIC Law Review (147)
- Buffalo Law Review (134)
- Indiana Law Journal (130)
- Cornell Law Faculty Publications (123)
- University of Richmond Law Review (122)
- Maryland Law Review (113)
- Nevada Supreme Court Summaries (106)
- Cleveland State Law Review (87)
- William & Mary Law Review (86)
- Hofstra Property Law Journal (82)
- Fordham Urban Law Journal (81)
- Villanova Law Review (1956 - ) (81)
- St. Mary's Law Journal (78)
- Washington and Lee Law Review (73)
- Maine Law Review (68)
- ExpressO (67)
- Touro Law Review (66)
- Scholarly Works (65)
- Publications (62)
- Journal Articles (61)
- Publication Type
- File Type
Articles 7891 - 7920 of 8398
Full-Text Articles in Law
Eubank Service Station Vs. Allen Mcclure, Chester D. Adams
Eubank Service Station Vs. Allen Mcclure, Chester D. Adams
Kentucky Law Journal
No abstract provided.
Deeds--Delivery In Escrow, Kennith A. Howe
Division Fence--Location By Parol Agreement Or Acquiesence, Rawlings Ragland
Division Fence--Location By Parol Agreement Or Acquiesence, Rawlings Ragland
Kentucky Law Journal
No abstract provided.
The Kentucky Rule Of Damages For Breach Of Executory Contracts To Convey Realty, Wendell Carnahan
The Kentucky Rule Of Damages For Breach Of Executory Contracts To Convey Realty, Wendell Carnahan
Kentucky Law Journal
No abstract provided.
Alteration Or Replacement Of Buildings By The Long-Term Lessee, Marvin L. Niehuss
Alteration Or Replacement Of Buildings By The Long-Term Lessee, Marvin L. Niehuss
Michigan Law Review
The first Reform Bill of 1832 was at once a symptom and a further cause of momentous changes in English institutions, political and legal, to say nothing of social and ecclesiastical. Many of these were brought about as the result of patient and competent investigations of royal commissions which, though not unknown before the third decade of the nineteenth century, were active to an extent hitherto unheard of during that notable epoch of reform. While a few men of law were among the forward spirits, the bulk of the advance guard were laymen. As a rule judges, barristers and attorneys …
Equity - Power To Rescind Conveyance For Fraud - Survival
Equity - Power To Rescind Conveyance For Fraud - Survival
Michigan Law Review
When a party has been induced by fraud to make a conveyance of real estate, he has a choice of remedies against the defrauding grantee. He may seek restitution of the land or its proceeds in equity or at law on a theory of rescission, or he may affirm the transaction and bring an action for the recovery of damages for the deceit. The actions being logically inconsistent, the granter is not allowed to proceed in both, and must elect whether he will have his property returned to him in specie on his restitution of the price received from the …
Landlord And Tenant -Adverse Possession And Prescription-Based On Holding And User By Tenant
Landlord And Tenant -Adverse Possession And Prescription-Based On Holding And User By Tenant
Michigan Law Review
A tenant who enters under a valid lease can, if he denies his landlord's title, and holds openly, notoriously, and adversely to him for the statutory period, acquire title by adverse possession. But suppose the tenant enters under a void lease and holds for the statutory period, claiming merely under the lease. It seems that there are three possible views as to the legal effect of his holding.
Fixtures - Rights Of Conditional Vendors -Test Of Material Injury To Freehold
Fixtures - Rights Of Conditional Vendors -Test Of Material Injury To Freehold
Michigan Law Review
Plaintiff sued to foreclose a mortgage on a hotel. Defendants were vendors of various pieces of hotel equipment, who apparently had filed title-retaining contracts subsequent to the recording of the realty mortgage. The court found that some of the equipment was not attached to the realty at all, and that the rest could be removed without material in jury to the "freehold." Held, that the title of the conditional vendors prevailed, under N. J. Comp. Stat. supp., secs. 182-93. Bank of America National Ass'n. v. LaReine Hotel Corp. (N. J. 1931) 156 Atl. 28.
Landlord And Tenant--Taxation On Improvements, William Callahan
Landlord And Tenant--Taxation On Improvements, William Callahan
West Virginia Law Review
No abstract provided.
Equity--Quieting Title--Constitutionality Of Statute Removing Requirement Of Actual Possession By Plaintiff, Jeff B. Fordham
Equity--Quieting Title--Constitutionality Of Statute Removing Requirement Of Actual Possession By Plaintiff, Jeff B. Fordham
West Virginia Law Review
No abstract provided.
Statute Of Frauds-Specific Enforcement Of Oral Contract To Convey Land-Part Performance
Statute Of Frauds-Specific Enforcement Of Oral Contract To Convey Land-Part Performance
Indiana Law Journal
No abstract provided.
Bailment - Contest Between A Garage Man Claiming A Lien For Repairs And A Prior Chattel Mortgagee
Bailment - Contest Between A Garage Man Claiming A Lien For Repairs And A Prior Chattel Mortgagee
Michigan Law Review
K purchased an automobile, giving his note secured by a chattel mortgage on the car. P purchased the note. Subsequently, K took the car to the garage of D for repairs. D made the necessary repairs and held the car under claim of a lien. The note was defaulted and P replevied the car. Held, the mortgagor could not contract a debt giving rise to a lien superior to that of the mortgage without the consent of the mortgagee; hence, P recovered. Cleveland Auto Top & Trimming Co. v. American Finance Co. (Ohio 1931) 177 N.E. 217.
Corporations - Power To Dispose Of Realty
Corporations - Power To Dispose Of Realty
Michigan Law Review
A cattle company, authorized by its charter to deal only in live stock, was in possession of three tracts of land. Upon a decision of the stockholders and directors to dissolve, two of these tracts were sold outright. The third, being near a large city, was subdivided into city lots with streets, sidewalks, water, lights, etc., for the purpose of a more advantageous sale. This involved the expenditure of considerable sums of money, and at the end of four years some of the lots were still unsold. The corporation became insolvent and the receiver refused to pay the money borrowed …
Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact
Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact
Michigan Law Review
Plaintiff sued in Ohio to set aside a deed of Ohio land given by the plaintiff, a resident of that state, in exchange for Texas lands deeded by the defendant who was also a resident of Ohio, for mistake as to defendant's title to the Texas land resulting from a Texas statute of which both parties were ignorant at the time of the transaction. Held, a mistake of foreign law is a mistake of fact authorizing equitable relief. Miller v. Bieghler, 123 Ohio St. 227, 174 N.E. 774 (1931).
Crimes - Burglary - Structures Subject To
Crimes - Burglary - Structures Subject To
Michigan Law Review
The defendant broke and entered a frame poultry house. Held, the indictment for burglary was sufficient under the statute denouncing the breaking and entering of uninhabited dwelling houses or other buildings. Stover v. State, 37 Ohio App. 213, 174 N.E. 613 (1930).
Easements - Ways Appurtenant- Requirement Of Contiguity
Easements - Ways Appurtenant- Requirement Of Contiguity
Michigan Law Review
The respondent, in a proceeding to register title, claimed a right of way appurtenant over the land of the petitioner. The tracts in question were separated by a strip of plowed land belonging to a third party and it was argued that, since one terminus of the way did not touch on the respondent's land, the claim should be denied. Held, however, that the way was appurtenant to the close even though the servient estate was not adjacent to the dominant. Jones v. Stevens (Mass. 1931), 177 N.E. 91.
Mechanics' Liens - Property Subject To Liens - Easements
Mechanics' Liens - Property Subject To Liens - Easements
Michigan Law Review
The Ford Motor Company held a right of way across certain railroad tracks from a street to its plant, and contracted with B to build an underpass and grade separation from the street and under the tracks. Before full performance, the Ford Company discharged B and completed the work itself. Numerous materialmen claimed mechanics' liens for supplies furnished B. Held, the right of passage was an easement appurtenant to the Ford plant and not lienable as such, because severance from the dominant estate would extinguish the easement. A lien on the underpass as a building on the land of …
A Law Book By An Engineer
Michigan Law Review
A review of THE LEGAL ELEMENTS OF BOUNDARIES AND ADJACENT PROPERTIES. By Ray Hamilton Skelton, C.E.
Real Property-Future Interests-Rights Of Unborn Child
Real Property-Future Interests-Rights Of Unborn Child
Indiana Law Journal
No abstract provided.
The Rights Of Japanese And Chinese Aliens In Land In Washington, Jack D. Freeman
The Rights Of Japanese And Chinese Aliens In Land In Washington, Jack D. Freeman
Washington Law Review
Here on the Pacific Coast the question of what rights a Japanese or Chinese alien can acquire in real property is of vital importance. A glance into the early law in regards to the rights of aliens in general will serve as an introduction to the problem. The early English common law would not allow an alien to hold land because of the poor policy of permitting the holding of land by one who owed allegiance to another sovereign. This was evaded by a system of uses and trusts. The early American law was the same. Again a system of …
Estates--Effect Of Power In Life Tenant To Make Absolute Disposition Of Property--Governing Statute, James W. Simonton
Estates--Effect Of Power In Life Tenant To Make Absolute Disposition Of Property--Governing Statute, James W. Simonton
West Virginia Law Review
No abstract provided.
Mortgages - Effect Of Extension Of Time To Mortgagor
Mortgages - Effect Of Extension Of Time To Mortgagor
Michigan Law Review
The mortgagor sold part of the mortgaged premises to Morgan and Peters, who assumed the mortgage and agreed to pay the debt. They in turn resold to Jones and Dalton who also assumed the mortgage and agreed to pay the debt. The remainder of the mortgaged premises was sold by the mortgagor to Bursell under a warranty deed free from all incumbrances. The mortgagee at the request of the mortgagor and of Jones and Dalton but without the knowledge of Morgan and Peters extended the time of payment five years. The mortgage remaining unpaid at the end of that time, …
Fixtures - Conditional Sale-Mortgage- Rights Of Parties
Fixtures - Conditional Sale-Mortgage- Rights Of Parties
Michigan Law Review
The plaintiff, holding a real estate mortgage recorded before the defendant's notice of conditional sale, bought in the premises at the foreclosure sale. The defendant claimed plumbing and heating fixtures sold to the mortgagor on a contract of conditional sale, notice of which was properly recorded according to the statute. Held, the defendant's title to the fixtures was not protected as against the plaintiff by the recording under the Massachusetts statute. Waverley Cooperative Bank v. Haner (Mass. 1930) 173 N.E. 699.
Deeds-Delivery In Escrow-Effect On Income Tax
Deeds-Delivery In Escrow-Effect On Income Tax
Michigan Law Review
A taxpayer, by written contract, had agreed to sell a 99-year leasehold for $195,000. $50,000 was to be paid in 1920, and the balance in 1921. The first payment was made in October, 1920, and a deed put in escrow, to be handed to the grantee on payment of the balance. The transaction was fully carried out as per contract, and the taxpayer was assessed income tax on the entire $195,000 as of 1920. Held, the deed having been delivered in escrow, the title relates back to the original delivery on performance of the condition, showing a completed transaction …
Mortgages-Assumption-Liability Of Grantees To Mortgagor
Mortgages-Assumption-Liability Of Grantees To Mortgagor
Michigan Law Review
Three successive grantees to a plot of land purchased it subject to a first and second mortgage and assumed the obligation to pay the notes which the mortgages secured. Foreclosure proceedings by the first mortgagee absorbed the entire value of the land. The second mortgagee then extended the time payment on the note to the last grantee without the consent or knowledge of the mortgagor or of the intermediate grantees. Such action released the intermediate grantees from liability on the note, for they were only secondarily liable, but did not release the mortgagor, for he as maker was primarily liable …
Easements-Way Of Necessity-Sale Of Servent Estate To Bona Fide Purchaser Without Notice
Easements-Way Of Necessity-Sale Of Servent Estate To Bona Fide Purchaser Without Notice
Michigan Law Review
M conveyed a portion of his land to X, through whom the defendant claims, the circumstances being such that X acquired a way of necessity over the land retained by M. X recorded his deed. Later M conveyed his remaining land to H, through whom the plaintiff claims. H was a purchaser for value without notice of the way of necessity. The plaintiff sought to enjoin the defendant from entering his land, and the defendant attempted to justify on the ground of this way of necessity. Held, under the recording acts the plaintiff as a bona fide purchaser took …
Torts-Defective Trees-Duty Of Abutter
Torts-Defective Trees-Duty Of Abutter
Michigan Law Review
While the plaintiff was travelling along the public highway, he was injured by the falling of a decayed tree which stood within twenty feet of the highway upon the adjoining land of the defendant. On sustaining a demurrer to the declaration, the court held that there was no duty upon the rural abutter to inspect the tree. Chambers v. Whelen, et al. (C. C. A. 4th, 1930) 44 F.(2d) 340.
Trusts-Right Of Trustee To Purchase Trust Property
Trusts-Right Of Trustee To Purchase Trust Property
Michigan Law Review
The trustees under a will filed a petition in the district court asking for an order of court authorizing them to sell and convey to two of the trustees a portion of the real estate held by them in trust, and for authority to sell and convey the remainder of the real estate to the husband of one of the trustees. Three of the beneficiaries were not sui juris, and the remaining beneficiaries refused to give their consent. Held, that a trustee can not purchase trust property from himself when the beneficiary is not sui juris or when …
Boundary Agreements-Enforcement When In Existence For A Period Less Than Required To Pass Title By Adverse Possession
Indiana Law Journal
No abstract provided.
Termination Of Lease Containing Covenant To Repair Or Rebuild By Subsequent Building Code Making Impossible Repair Of Rebuild By Subsequent Building Code Making Impossible Repairs Or Rebuilding Except By More Expensive Structure
Indiana Law Journal
No abstract provided.