Law Commons^™

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Contracts-Risk Of Loss Between Vendor And Purchaser In Land Contract

Michigan Law Review

Plaintiff entered into a contract to sell his grocery business to the defendant for a specified amount, part payment to be by way of the conveyance of a house and lot owned by the defendant, the title to pass upon payment by the plaintiff of certain outstanding debts of the grocery business. Subsequent to the execution of the contract, but before conveyance of the house and lot and while the defendant was still in possession, the house was destroyed by fire and the plaintiff sues to have $2,500 substituted, that amount being the agreed valuation at which the property was …

An Act To Provide For The Condemnation Of The Lands Of The Pueblo Indians In New Mexico For Public Purposes, Congress Of The United States

Law of the Rio Grande

No abstract provided.

Rights Of Fee Simple Owner Of Subjacent Mineral Stratum In The Containing Space, James W. Simonton

West Virginia Law Review

No abstract provided.

Vendor And Purchaser--Complete Purchase--Doctrine Of, H. R. A.

West Virginia Law Review

No abstract provided.

Rights Of An Adverse Possessor, W. E. Burby

West Virginia Law Review

No abstract provided.

Insurance-Effect Of Mortgage Foreclosure Clause

Michigan Law Review

Plaintiff, the mortgagee, applied for insurance on the mortgaged property in his own name and only consented to the policy being made in the name of the mortgagor with "loss-payable" rider in his favor upon representation of the insurance agent that it was the only form of policy the company used and would accomplish the same result. In the body of the policy there was a clause rendering the policy void upon foreclosure of the mortgage. At the time of issuance of the policy, the debt was overdue and the insurance company had knowledge of this fact. Held, the …

Due Process Of Law In Proceedings Before A City Council To Disannex Territory Under The Indiana Law, Paul L. Sayre

Indiana Law Journal

No abstract provided.

Protecting Real Estate Contract Purchases, Robert B. Porterfield

Washington Law Review

Many assignees of the vendors' interests in installment contracts for the sale of real estate suppose that the recording of the assignment protects them by giving constructive notice of their rights. The increasing amount of investment in real estate contracts makes it important to determine the best method for protecting the assignee. Our Supreme Court' has said that recording "is purely a creation of the statute", and since the recording of such assignments is not provided for by statute it would seem that no constructive notice follows from recording.

Rights Of A Plaintiff With Reference To Property Delivered To Him Under A Detinue Bond, L. C.

West Virginia Law Review

No abstract provided.

Derecho De Propiedad En Zona Polémica De La Batería De Santa Clara, Bartolomé Aulet

Mario Diaz Cruz Pamphlets

Recurso de Alzada.

Ante el Hon. Sr. Presidente, interpuesto por Bartolomé Aulet, contra resolución de la Secretaría de Guerra y Marina que pretende restablecer preceptos que en lejanos tiempos "Hacían ilusorio el derecho de los terratenientes," hasta que se abolieron y dejaron de regir en la nueva segunda zona demarcada. Y regulada, por la O.M.: Y en que pretende ademas dicha secretaria tener autoridad y jurisdicción para impedir al ciudadano el derecho de usar y disfrutar de su propiedad privada enclavada en perímetro urbanizado de la ciudad, si previamente, no reconoce en escritura publica-por ninguna ley preceptuada- abolida ni vigente- …

Is Escheat Of Corporation Property "Due Process"?, O. A. Wehle

Kentucky Law Journal

No abstract provided.

Exemption Of College Fraternity Property From Taxation, Harlan Hobart Grooms

Kentucky Law Journal

No abstract provided.

The Uniform Mortgage Act, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

Trusts-When Agent May Purchase Or Lease For Himself

Michigan Law Review

A recent Michigan case has suggested the question: When and under what circumstances may an agent or other fiduciary purchase or lease property for himself, and when will he be decreed a trustee thereof? In this case A owned real estate in Detroit. P and his partners, subtenants, made an offer for a long term lease through D, who appears to have been a special agent with the sole duty of presenting the offer. It was rejected, finally and absolutely, without fraud or collusion on the part of D. Almost immediately D made an offer on his own behalf which …

Real Property, Determinable Fee, Bernard C. Gavit

Articles by Maurer Faculty

No abstract provided.

Creation Of Easements By Exception, Joseph Warren Madden

West Virginia Law Review

No abstract provided.

Deeds--Mental Capacity To Execute, F. L. L.

West Virginia Law Review

No abstract provided.

The Procedural Status In West Virginia Of A Trustee In A Deed Of Trust To Secure A Debt, L. C.

West Virginia Law Review

No abstract provided.

Boundaries On Highways

Michigan Law Review

When the subject matter of a conveyance is sought to be identified by reference to boundaries indicated by monuments of appreciable width, inevitably the question arises as to the particular part of the monument which is to control. It is agreed that prima facie the center point or line is to be taken. There is in this rule the practical value of ascertainable certainty; besides, it has, an inherent reasonableness that commends it. The rule, however, should not be applied when a result would be produced that would not accord with what other considerations show pretty clearly must have been …

Rights And Estates Of Vendor And Vendee Under An Executory Contract For The Sale Of Real Property, P. John Lichty

Washington Law Review

No abstract provided.

Dumpor's Case: Its Status, Robert S. Macfarlane

Washington Law Review

Dumpor's Case holds, according to the syllabus in Sir Edward Coke's Reports (4 Coke 119b) that "a condition in a lease that the lessee or his assigns shall not alien without the special license of the lessor, is determined by an alienation by licence, and no subsequent alienation is a breach of condition, nor does it give a right of entry to the lessor." The same case more properly titled "Dumpor v Symms" (Coke) or "Dumper v Syms" is reported by Sir George Croke (Croke's Eliz. 815) The head note there reads: "On a proviso that a lessee and his …

Redemption From Foreclosure Sale--The Uniform Mortgage Act, Edgar Noble Durfee, Delmar W. Doddridge

Michigan Law Review

If it be objected that our proposal is wholly novel and that it is the function of the Uniform Act merely to codify existing law, changing it only in so far as is necessary to remove conflicting rules, we would answer that codification in a strict sense is impossible in a field which presents so many conflicting views as that before us. We also believe that the objection is less forceful when the existing law is wholly statutory and half our states have no such law. And we understand that the commissioners have more and more abandoned the strict ideal …

The Remedies Of A Landlord Against A Subtenant

Michigan Law Review

As against the assignee of the lessee the landlord at common law has practically the same remedies that he had against the original lessee. He can distrain on goods found on the leased premises, to secure rent which is in arrears, 2 TIFFANY, LANDLORD AND TENNANT, § 328; and he has the right to re-enter on breach of expressed condition. 2 TIFFANY, LANDLORD AND TENANT, § 194h. As there is privity of estate between the parties, the landlord can recover for breaches of those covenants in the lease, which run with the land. These primarily are those which touch and …

Specific Performance Of A Parol Agreement To Convey Real Estate. Part Performance To Take The Contract Out Of The Statute Of Frauds, J. H. W.

West Virginia Law Review

No abstract provided.

Trusts And The Statute Of Frauds, Joseph Warren Madden

West Virginia Law Review

No abstract provided.

Torts-Use Of Force To Expel Trespassers-Defences

Michigan Law Review

One of the most elementary and fundamental principles of the law of torts is that one in the lawful possession of premises may remove trespassers therefrom, using therefor so much force as is reasonably necessary. This is but a correlative of the right of an owner to have the free and undisturbed possession of his premises. The enunciation of this universally accepted rule furnishes a starting point, or basis, for an answer to the query, what is reasonable force? There can be no doubt as to the owner's liability for excessive or unreasonable force employed in ejecting a trespasser. Emmons …

Leases--Renewals And Extensions--Notice, F. L. W.

West Virginia Law Review

No abstract provided.

Possible Improvements In The Recording Acts, Charles T. Mccormick

West Virginia Law Review

No abstract provided.

Future Property Interests In Kentucky (Continued), W. Lewis Roberts

Kentucky Law Journal

No abstract provided.