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Articles 8191 - 8220 of 8398
Full-Text Articles in Law
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.
Measure Of Damages For Breach Of Implied Covenants In Oil And Gas Lease To Develop And Protect From Drainage, J. W. S.
West Virginia Law Review
No abstract provided.
Venue In Equity As Depending Upon The Situs Of The Land, L. C.
Venue In Equity As Depending Upon The Situs Of The Land, L. C.
West Virginia Law Review
No abstract provided.
Oil And Gas Leases And The Rule Against Perpetuities, James W. Simonton
Oil And Gas Leases And The Rule Against Perpetuities, James W. Simonton
West Virginia Law Review
No abstract provided.
Mines And Mining--Oil And Gas--Division Of Royalty On Lease By Adjoining Landowners
Mines And Mining--Oil And Gas--Division Of Royalty On Lease By Adjoining Landowners
West Virginia Law Review
No abstract provided.
How A Conditional Limitation Operates, Harold M. Bowman
How A Conditional Limitation Operates, Harold M. Bowman
Michigan Law Review
Whenever, a freehold is limited to take effect upon a contingency which may happen before the regular expiration of the preceding estate of freehold, it takes effect in defeasance of such interest. The executory limitation thus operating cuts off the prior interest abruptly. By the "intrinsic force" of the executory limitation the preceding estate is terminated. The gift over operates to destroy, to divest,' in defeasance of the prior gift. In the words of LORD LANGDALE, Master of the Rolls, in Jackson v. Noble 2 the preceding estate is "defeated by a contingent executory gift over."
Options And The Rule Against Perpetuities, John R. Rood
Options And The Rule Against Perpetuities, John R. Rood
Articles
"The question to be discussed in this article is whether an option to buy property is void by reason of the fact that it may be exercised at a period more remote from the time of its creation than the law of the state permits contingent interest to vest."
The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood
The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood
Articles
The object sought in this article is to collect and classify the cases in which the courts have passed on the question as to what shall be done with property over which a power of appointment has been given; when it finally turns out for some reason that the power has not been exercised. It is not the object to establish any particular thesis, but rather to ascertain how the adjudicated cases stand.
Transfer And Partition Of Remainders In Missouri, The, Manley O. Hudson
Transfer And Partition Of Remainders In Missouri, The, Manley O. Hudson
University of Missouri Bulletin Law Series
The common law gave to vested remainders many of the qualities of present estates, and most of the questions arising in connection with their transfer have long been free from difficulty. But contingent remainders occupied such a precarious place in the law long after they were first recognized as legal interests, that all questions as to their transferability were approached with exceeding reluctance. The contingent remainderman had only a mere possibility of an estate, and the employment of such a description was in itself sufficient to conjure difficulty, for possibility to the common law lawyer was a dangerous word. A …
Examen Crítico De Las Diversas Teorías Sobre La Posesión, Carlos Jiménez De La Torre
Examen Crítico De Las Diversas Teorías Sobre La Posesión, Carlos Jiménez De La Torre
Cuban Law
Verdadero carácter de la posesión según nuestro derecho
Rights In Percolating Waters, Ralph W. Aigler
Rights In Percolating Waters, Ralph W. Aigler
Articles
Almost without exception the courts approve of Acton v. Blundell, 12 M. & W. 324, to the extent of its actual decision,-that where as a result of improvement or enjoyment of one's own land one conducts operations which draw off percolating waters from a neighbor's land, even to the extent of drying up a well or spring, such inconvenience is to be deemed damnum absque injuria. The doctrine of the court "that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure," if intended …
The Right Of Fishing, Ralph W. Aigler
The Right Of Fishing, Ralph W. Aigler
Articles
While the man engaged in fishing is ordinarily more concerned with the supply of fish and their susceptibility than with his right to be doing what he is, not infrequently the latter question is thrust upon his attention. Popular notions on this matter are not to be relied upon. "In country life a multitude of acts are habitually committed that are technically trespasses. Persons walk, catch fish, pick berries, and gather nuts in alieno solo, without strict right. Good natured owners tolerate these practices until they become annoying or injurious, and then put a stop to them," ADAMS, J., in …
Rights In Percolating Waters, Ralph W. Aigler
Rights In Percolating Waters, Ralph W. Aigler
Articles
Almost without exception the courts approve of Acton v. Blundell, 12 M. & W. 324, to the extent of its actual decision,-that where as a result of improvement or enjoyment of one's own land one conducts operations which draw off percolating waters from a neighbor's land, even to the extent of drying up a well or spring, such inconvenience is to be deemed damnum absque injuria. The doctrine of the court "that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure," if intended …
The Right Of Fishing, Ralph W. Aigler
The Right Of Fishing, Ralph W. Aigler
Articles
While the man engaged in fishing is ordinarily more concerned with the supply of fish and their susceptibility than with his right to be doing what he is, not infrequently the latter question is thrust upon his attention. Popular notions on this matter are not to be relied upon. "In country life a multitude of acts are habitually committed that are technically trespasses. Persons walk, catch fish, pick berries, and gather nuts in alieno solo, without strict right. Good natured owners tolerate these practices until they become annoying or injurious, and then put a stop to them," ADAMS, J., in …
Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Articles
Among the very many difficult problems arising under the STATUTE OF FRAUDS not the least troublesome has been that of surrender of estates by "operation of law." The Statute (29 Car. II, c.3,§3,) provided that "no leases * * * shall * * * be assigned, granted, or surrendered, unless it be by deed or note in writing, * * * or by act and operation of law." Under a number of varying situations it has been held that a surrender by operation of law had been accomplished. See 2 TIFFANY, LANDLORD AND TENANT, §190. In Lyon v. Reed, 13 …
Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Articles
Among the very many difficult problems arising under the STATUTE OF FRAUDS not the least troublesome has been that of surrender of estates by "operation of law." The Statute (29 Car. II, c.3,§3,) provided that "no leases * * * shall * * * be assigned, granted, or surrendered, unless it be by deed or note in writing, * * * or by act and operation of law." Under a number of varying situations it has been held that a surrender by operation of law had been accomplished. See 2 TIFFANY, LANDLORD AND TENANT, §190. In Lyon v. Reed, 13 …
Tax Exemptions Of American Church Property, Carl Zollmann
Tax Exemptions Of American Church Property, Carl Zollmann
Michigan Law Review
The exemption from taxation of public property in the various states of the Union rests on reason and presents no difficulty. If a state were to tax its own property or the property of the counties, cities, towns and villages created by it, the burden of the ultimate taxpayer would not be lightened in the least. Since such property is not only acquired but also maintained at public expense the money necessary for this purpose must in any case be ultimately paid by the owners of private property. An attempt to tax public property would only make the bookkeeping of …
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Michigan Law Review
Estates in Fee Tail - Quite generally estates in fee tail under the STATUTE DE DONIS were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied. See the states classified according to the character of the legislation in BREWSTER, CONVEYANCING, § § 142, 143.
Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood
Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood
Michigan Law Review
A collection of recent important court decisions and book reviews.
Executory Limitations Of Property In Missouri, Manley O. Hudson
Executory Limitations Of Property In Missouri, Manley O. Hudson
University of Missouri Bulletin Law Series
This study will deal with the present position of executory limitations of real and personal property in Missouri law, which will involve a consideration of their validity at common law and under the English statutes of uses and wills and under the Missouri statutes, and an analysis of the Missouri decisions. The doctrine that any limitation after a fee simple to which is added an absolute power of disposal is void, will be examined particularly, and an effort will be made to point out a way of escape from it.
Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter
Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter
Michigan Law Review
Dean Pound Harvard has honored itself in the appointment of Roscoe POUND to the deanship of its law school
Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat
Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat
Michigan Law Review
Attempt, Assault, and Assault with Intent - The case of State v. Lewis, decided in October, 1915, by the Supreme Court of Iowa, has an interesting bearing upon the law of assault and of criminal attempts. Two men, Tropp and Cox, observed a third, Dunlevy, asleep on a cot with a pocketbook under his pillow. Tropp armed himself with a leather sap and a loaded revolver and moved quietly to the head of the cot, when Dunlevy, feeling the presence of some one in the room, sprang to his feet. Tropp fled from the room with Dunlevy after him, but …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Titles To Real Property Acquired Originally And By Transfer Inter Vivos, Ralph W. Aigler
Titles To Real Property Acquired Originally And By Transfer Inter Vivos, Ralph W. Aigler
Books
Many law teachers have felt that Titles should be the basis of the beginning course in Property. Although this volume appears as number three in a series of casebooks covering the law of Property, it is believed that the subject-matter of the volume, with possibly some shifts in order of the topics, is such that it may well be used in that way.
Mortgagee In Possession In New York And Michigan, Edgar N. Durfee
Mortgagee In Possession In New York And Michigan, Edgar N. Durfee
Articles
It is interesting to observe how tenaciously the old common law of mortgages has persisted in the state of New York, the very cradle of the modem lien theory of the mortgage. As early as 1802 Chancellor KENT began the importation into that state of Lord MANSFIELD'S Civil Law doctrines of mortgage. Johnson v. Hart, 3 Johns. Cas. 322. In 1814, in the case of Runyan v. Mersereau, 11 Johns. 534, the lien theory definitely triumphed over the old law. In other cases, both before and since the statute of 1828 denying ejectment to the mortgagee, the details of mortgage …
Rule Against Perpetuities As Applied To Options, John R. Rood
Rule Against Perpetuities As Applied To Options, John R. Rood
Articles
Does the rule against perpetuities render unlimited options void? This is a question which the English courts answered affirmatively some thirty-five years ago; new aspects of the question have been frequently presented to those courts since that time, and conclusions not easy to reconcile have been reached. It is believed that the present status of the law in England is that an option is like any other interest in land, void if it may arise at too remote a time, otherwise not. This conclusion is based on the decision in Borland's Trustees v. Steel Bros. & Co. [1901] 1 Ch. …
Estates In Fee Tail, Ralph W. Aigler
Estates In Fee Tail, Ralph W. Aigler
Articles
Quite generally estates in fee tail under the Statute de Donis were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied.
Taking Of Equitable Easements For Public Use, Edgar N. Durfee
Taking Of Equitable Easements For Public Use, Edgar N. Durfee
Articles
The case of Flynn v. New York &c Railway Co., decided by the Court of Appeals of New York in April last, involves the right of an owner of land to which is appurtenant a so-called equitable easement, arising under a covenant restricting the use of other land, to compensation upon the taking of the servient land for a public use inconsistent with the restriction. A tract of land was laid out in accordance with a plan, and all, lots therein were sold and conveyed by deeds containing covenants, inter alia, that, "No building or structure for any business purpose …
Note And Comment, Edwin C. Goddard, Edgar N. Durfee, Thomas H. Westlake
Note And Comment, Edwin C. Goddard, Edgar N. Durfee, Thomas H. Westlake
Michigan Law Review
The Death of Dean Thayer - The death on September 15th of Ezra Ripley Thayer, dean of the Harvard Law School, has brought irreparable loss not only to the institution which he had brilliantly served, but to the cause of legal education throughout the country. Dean Thayer was the rarely fine product of conditions and environment which have been perhaps the most richly fruitful that our nation has known. The son of a most distinguished legal scholar and teacher, he grew up in association with much that was best and most inspiring in Massachusetts and in the great university from …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.