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Articles 8161 - 8190 of 8398
Full-Text Articles in Law
Continuous Trespass And Repeated Wrong, Joseph H. Drake
Continuous Trespass And Repeated Wrong, Joseph H. Drake
Articles
In the recent case of Perkins v. Trueblood, (Cal., May, 1919), 191 Pac. 642, the facts were that, in March, 1912, the defendant, a surgeon, set the leg of the plaintiff, but as the fracture did not heal satisfactorily "the defendant separated the surfaces of the bone during the month of April, 1912, and again set the plaintiff's leg." In a suit for malpractice, begun on April 9, 1913, it was held, that the cause of action "was not barred by the CODE OF PROCEDURE, Article 340, subd. 3, prescribing a one year limitation period in such cases." It is …
Does A Provision That An Oil And Gas Lease Shall Be Void Unless The Leasee Drills Or Pays Rental Create A Condition?, J. W. S.
West Virginia Law Review
No abstract provided.
Constitutional Changes In Eminent Domain In Illinois, William E. Britton
Constitutional Changes In Eminent Domain In Illinois, William E. Britton
Articles by Maurer Faculty
The purpose of this article is (1) to review the constitutional changed that have taken place in 'the law of eminent domain in Illinois; (2) to discuss the proposals which have been introduced in the present Constitutional Convention; and (3) to indicate some of the more important constitutional changed which, in recent years, have occurred in other states.
Extension Of Liability Of Abstracters, Harry R. Trusler
Extension Of Liability Of Abstracters, Harry R. Trusler
Michigan Law Review
The General Rule.- In 1900 a standard encyclopedia said: "By the weight of authority an abstracter is liable only to the person ordering and paying for the abstract; and where this view obtains, the fact that an abstracter has knowledge that his abstract is to be used in a sale or loan to advise a purchaser or person about to lend money does not affect the rule as to his liability. In some jurisdictions, however, the abstracter's liability has been extended to protect those who, relying on the correctness of the abstract, are injured."
Equitable Relief Against Nuisances And Similar Wrongs In Missouri, George L. Clark
Equitable Relief Against Nuisances And Similar Wrongs In Missouri, George L. Clark
University of Missouri Bulletin Law Series
In order the better to secure to the owner and occupier of land its proper use and enjoyment the common law has recognized certain rights in addition to the mere right of possession which is redressed by the action of trespass. These non-possessory rights are called natural rights because, like the right of possession, they exist irrespective of the consent of others. Any violation of these natural rights is called a private nuisance.
Power Of Wife To Execute A Demise Without A Joinder Of Her Husband In The Lease, L. C.
Power Of Wife To Execute A Demise Without A Joinder Of Her Husband In The Lease, L. C.
West Virginia Law Review
No abstract provided.
Apportionment Of Royalties On Subdivision Of Premises Subject To An Oil And Gas Lease Under Which There Is Subsequent Development, J. W. S.
West Virginia Law Review
No abstract provided.
Extension Of Term Of Oil Lease Through Discovery Of Oil In Less Than Paying Quantities, J. W. S.
Extension Of Term Of Oil Lease Through Discovery Of Oil In Less Than Paying Quantities, J. W. S.
West Virginia Law Review
No abstract provided.
The Revocability Of Licenses As Applied To Property In Land, Albert J. Harno
The Revocability Of Licenses As Applied To Property In Land, Albert J. Harno
Kentucky Law Journal
No abstract provided.
The Relationship Of The State To Private Ownership Of Land, Lyman Chalkley
The Relationship Of The State To Private Ownership Of Land, Lyman Chalkley
Kentucky Law Journal
No abstract provided.
Alienation Of Contingent Remainders, Ralph W. Aigler
Alienation Of Contingent Remainders, Ralph W. Aigler
Articles
The recent case of Bisby v. Walker, 169 N. W. 467, decided by the Supreme Court of Iowa November 23, 1918, is an interesting instance of an all too common lack of appreciation and understanding of the very fundamentals of property law. Under the will of her grandfather B became entitled to a contingent remainder (at least the court treated it as such) in certain lands; the contingency upon which her taking depended was her being one of the surviving children of her mother at the time of the death of the life tenant, the testator's widow. During the continuance …
The Writing Required To Establish An Express Trust Of Land, Edgar N. Durfee
The Writing Required To Establish An Express Trust Of Land, Edgar N. Durfee
Articles
It has frequently been said that the Seventh Section of the Statute of Frauds, concerning Trusts of land, requires a writing containing "all the terms of the trust." Forster v. Hale, 3 Ves. 707; Smith v. Matthews, 3 DeG., F. & J. 139; Loring v. Palmer, 118 U. S. 321; Gaylord v. Lafayette, 115 Ind. 423; McClellan v. McClellan, 65 Me. 500; Blodgett v. Hildreth, 103 Mass. 484; York v. Perrine, 71 Mich. 567; Newkirk v. Place, 47 N. J. Eq. 477; Steere v. Steere, 5 Johns. Ch. 1; Cook v. Barr, 44 N. Y. 156; Dillaye v. Greenough, 45 …
Determinable Fee - Possibility Of Reverter, Edwin C. Goddard
Determinable Fee - Possibility Of Reverter, Edwin C. Goddard
Articles
Professor Gray, in the first edition of his great work, "The Rule Against Perpetuities," Section 31 and following, contended that the Statute Quia Emptores by putting an end to tenure between feoffor and feoffee of an estate in fee simple, incidentally put an end to possibility of reverter to the feoffer on failure of the condition in a determihable fee. Specifically he says that upon dissolution of an eleemosynary corporation a terminable gift to such corporation does not revert to the donor, as is said by Lord Coke, Co. LITT. 13b, but escheats. For reversion depends on tenure, and the …
Delivery And Acceptance Of Deeds, Herbert T. Tiffany
Delivery And Acceptance Of Deeds, Herbert T. Tiffany
Michigan Law Review
It is proposed, in the first part of this paper, to consider the nature of the delivery of a deed, more particularly a deed of conveyance, and the facts and circumstances which the courts have regarded as justifying an inference of delivery. The second part of the paper will be devoted to a consideration of the necessity of the acceptance of a deed, in addition to delivery, in order that it may have a legal operation.
The Nature Of The Interest Of The Grantee Under An Oil And Gas Lease, James W. Simonton
The Nature Of The Interest Of The Grantee Under An Oil And Gas Lease, James W. Simonton
West Virginia Law Review
No abstract provided.
Is A Contract Necessary To Create An Effective Escrow?, Ralph W. Aigler
Is A Contract Necessary To Create An Effective Escrow?, Ralph W. Aigler
Articles
WHERE land has been sold and both parties are desirous of protecting themselves pending full payment of the purchase price, there are two common ways of accomplishing their purpose without any change in legal ownership. There may be (1) a contract of sale properly evidenced so as to be enforceable, and (2) a deed executed by the vendor and placed "in escrow." Sometimes one method is preferred, sometimes the other. If the former is adopted, it is, of course, vitally important that the contract comply with the formal requirements of the law; in the latter there has been some difference …
Rights Of Tenant In Common Where Oil Is Extracted Under Unauthorized Lease From Co-Tenant, J. W. S.
Rights Of Tenant In Common Where Oil Is Extracted Under Unauthorized Lease From Co-Tenant, J. W. S.
West Virginia Law Review
No abstract provided.
Can A Lessee Be Compelled To Apportion Oil Royalties Among Owners Of Portions Of The Leased Premises, J. W. S.
Can A Lessee Be Compelled To Apportion Oil Royalties Among Owners Of Portions Of The Leased Premises, J. W. S.
West Virginia Law Review
No abstract provided.
Apportionment Of Royalties On Partition Of Premises Subject To An Oil And Gas Lease, J. W. S.
Apportionment Of Royalties On Partition Of Premises Subject To An Oil And Gas Lease, J. W. S.
West Virginia Law Review
No abstract provided.
No-Term Oil And Gas Leases And The Rule Against Perpetuities, J. W. S.
No-Term Oil And Gas Leases And The Rule Against Perpetuities, J. W. S.
West Virginia Law Review
No abstract provided.
The Claim Of West Virginia Against The Federal Government On Account Of The Northwest Territory, William E. Chilton
The Claim Of West Virginia Against The Federal Government On Account Of The Northwest Territory, William E. Chilton
West Virginia Law Review
No abstract provided.
Bills To Remove Cloud From Title--With Reference To The State Of The Authorities In Virginia And West Virginia, David C. Howard
Bills To Remove Cloud From Title--With Reference To The State Of The Authorities In Virginia And West Virginia, David C. Howard
West Virginia Law Review
No abstract provided.
The Citizen Ownership Of Lands, Lyman Chalkley
The Citizen Ownership Of Lands, Lyman Chalkley
Kentucky Law Journal
No abstract provided.
Specific Performance Of Contract To Release Inchoate Right Of Dower, J. W. S.
Specific Performance Of Contract To Release Inchoate Right Of Dower, J. W. S.
West Virginia Law Review
No abstract provided.
The Content Of Covenants In Leases, Ralph W. Aigler
The Content Of Covenants In Leases, Ralph W. Aigler
Articles
Among the many troublesome problems in law those arising out of "covenants running with the land" are not the least It is quite clear that in order for a covenant to "run" there must be an intimacy of relationship between it and the land, or. more properly, the estate, with which it passes. It is, then, vitally important to consider in each case the subject matter, the content of the covenant, and this matter of relationship.
Acquirement Of Title By A Willful Trespasser And Compensation For The Trespassee, Joseph H. Drake
Acquirement Of Title By A Willful Trespasser And Compensation For The Trespassee, Joseph H. Drake
Articles
The interaction of the basic maxim of substantive law, that no man may be deprived of his property without his consent, and the correlative maxim of adjective law, that the courts will give exact compensation for property taken or destroyed, together with the more or less mechanical rules of damages depending upon the form of action used, have in their outcome gone far toward justifying the somewhat grandiloquent utterance of our legal forbears of the seventeenth and eighteenth centuries, that the "Common Law is the perfection of human wisdom." The final stage in this development is shown in the late …
Effect Of Change Of Law Upon Obligation To Pay Rent, Ralph W. Aigler
Effect Of Change Of Law Upon Obligation To Pay Rent, Ralph W. Aigler
Articles
In McCullough Realty Co. v. Laemmle Film Service, (Nov. 16, 1917), 165 N. W. 33, the supreme court of Iowa had occasion to pass upon a question which has become increasingly frequent with the spread of prohibition laws, namely, the effect upon the obligation of a tenant to pay rent, of a subsequent law that makes it unlawful for him to use the premises for the purpose for which he leased them. The case before the Iowa court was not one arising out of a lease of premises for saloon purposes, but the question involved was precisely the same, and …
Mines And Mining--Construction Of Oil And Gas Lease--What Is A Gas Well
Mines And Mining--Construction Of Oil And Gas Lease--What Is A Gas Well
West Virginia Law Review
No abstract provided.
Equitable Servitudes In Missouri, George L. Clark
Equitable Servitudes In Missouri, George L. Clark
University of Missouri Bulletin Law Series
Before the decision in Tulk v. Moxhay, a contract not to use land in a particular manner was treated by equity courts in the same way as were other negative contracts; if the plaintiff was so injured in the enjoyment of his own land that damages at law did not furnish an adequate remedy, equity would specifically enforce the contract by granting an injunction against the promisor. The right thus to control the use of the property in the hands of the promisor can hardly be classified as other than a property right, but since it was enforcible only against …
Equitable Servitudes, George L. Clark
Equitable Servitudes, George L. Clark
Michigan Law Review
Specific performance of restrictions upon property before Tulk v. Moxhay. Before the decision in Tulk v. MoXhay 2 a contract not to use land in a particular manner was treated by equity courts in the same way as were other negative contracts; if the plaintiff was so injured in the enjoyment of his own land that damages at law did not furnish an adequate remedy, equity would specifically enforce the contract by granting an injunction against the promisor.8 The right thus to control the use of the property in the hands of the promisor can hardly be classified as other …