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Articles 8221 - 8250 of 8398

Full-Text Articles in Law

Land Tenure And Conveyances In Missouri, Manley O. Hudson Jun 1915

Land Tenure And Conveyances In Missouri, Manley O. Hudson

University of Missouri Bulletin Law Series

It is impossible to apply the artificial rules of the modern law of real property without a clear understanding of the feudal system of land tenure in which they originated. The disappearance of the essentials of feudal society-the personal relation between lord and tenant and the duties owed by the tenant to the lord-has not taken away the feudal basis of the law of real property; nor has it made the common law rules, apart from statute, less applicable. But there is such a close connection between land ownership and other social institutions' that, however fixed the legal theory, the …

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Powers Of American Religious Corporations, Carl Zollmann Jun 1915

Powers Of American Religious Corporations, Carl Zollmann

Michigan Law Review

Religious corporations in the United States have assumed various shapes. The original two forms, (corporation sole and territorial parish) being unsuited to our conditions, have completely passed away. In their stead have grown up four other classes, the aggregate corporation, the trustee corporation, the modern form of the corporation sole, and the Roman Catholic Church in our insular possessions. These four kinds of corporations, however diverse they may be in their history and otherwise, have a number of important qualities in common. None of them are ecclesiastical corporations in the European sense of the word. All of them owe their …

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Nature And Importance Of Legal Possession, Joseph W. Bingham Jun 1915

Nature And Importance Of Legal Possession, Joseph W. Bingham

Michigan Law Review

To impress these unfamiliar facts on our consciousness, so that we shall not lose sight of them during the rest of our discussion, so that we shall not slur them or cloud them by vague use of symbolic ideas or terms concerning property and title, let us repeat the essence of the legal situation. Jackson is the holder of a fee simple acquired tortiously. His title to that fee--i. e. the facts which would induce the courts upon occasion to give him the remedies "vindicating" the existence of this vested fee in him--consist in his actual exclusive use and control …

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Recent Important Decisions Jun 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Nature And Importance Of Legal Possession, Joseph W. Bingham May 1915

Nature And Importance Of Legal Possession, Joseph W. Bingham

Michigan Law Review

The careful student of our law of property needs no demonstration of the importance of legal possession. From before the date of the earliest year book the word possession and its synonym seisin have pervaded legal language and have signified matters of great consequence in the decision of cases. "In the history of our law," say Pollock and Maitland, "there is no idea more cardinal than that of seisin. Even in the law of the present day it plays a part which must be studied by every lawyer; but in the past it was so important that we may almost …

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Note And Comment, Hollis Harshman Feb 1915

Note And Comment, Hollis Harshman

Michigan Law Review

Breach of Landlord's Covenant as Defense to Action for Rent - It is undoubtedly well settled that if the agreement to pay rent is dependent upon the performance by the landlord of some undertaking on his part, the failure by the landlord so to perform is a good defense to an action for the rent. It is equally well settled that if the agreements are independent such failure by the landlord is no defense. The difficulty arises in determining whether the agreements are dependent or independent. That question is one of construction, and it cannot be expected that all the …

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Recent Important Decisions Feb 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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The Rule Against Perpetuities In Kentucky, Reuben B. Hutchcraft Jr. Jan 1915

The Rule Against Perpetuities In Kentucky, Reuben B. Hutchcraft Jr.

Kentucky Law Journal

No abstract provided.

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Cases On The Law Of Mortgages, Edgar N. Durfee Jan 1915

Cases On The Law Of Mortgages, Edgar N. Durfee

Books

“The law of mortgages embraces so many remotely related topics that it is impossible, in the time allotted to it in our schools, to cover the subject completely and thoroughly by the ordinary ‘case’ method. Of the several alternatives that this condition leaves us, the editor has chosen that of covering by cases, with a fair degree of thoroughness, certain selected topics. It is with a view to presenting to the student, in a suggestive way, some of the topics not covered by cases, that the editor has introduced into the book excerpts from text-books and from judicial opinions, and …

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Financial Details, Kent Memorial, Edwin C. Goddard Jan 1915

Financial Details, Kent Memorial, Edwin C. Goddard

Articles

The following is a statement, with such details as I should think would answer the purposes of other chapters, of the ways and means adopted for securing the present building just completed at Ann Arbor.

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Marshaling Of Mortgaged Property In Favor Of Subsequent Mortgagees, Edgar N. Durfee Jan 1915

Marshaling Of Mortgaged Property In Favor Of Subsequent Mortgagees, Edgar N. Durfee

Articles

A holds a first mortgage covering two parcels of land, B holds a second mortgage covering one of these parcels, and C holds a second mortgage covering the other parcel, B's mortgage being prior in time to C's. B's mortgage contains the following clause--"The property described in the within indenture is subject to an existing blanket mortgage held by A, with release clause of $10 per front foot." Upon a bill to foreclose A's mortgage, how should the burden of that mortgage be distributed? In Savings Investment & Trust Co. v. United Realty & Mortgage Co., 94 Atl. 588, the …

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Conditions Subsequent In Conveyances In Missouri, Manley O. Hudson Dec 1914

Conditions Subsequent In Conveyances In Missouri, Manley O. Hudson

University of Missouri Bulletin Law Series

Though the learning surrounding the subject of conditions has lost some of its importance because of the infrequency with which conditions are now enforced by entry for breach, it has by no means become obsolete in the modern, law of conveyancing. Cases still arise to which the common law rules are applicable, as instanced in three recent Missouri decisions, and the strictness of those rules, due to the disfavor with which the law regards conditions, seems to justify this special study of the Missouri decisions relating to the subject.

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Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr Dec 1914

Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr

Michigan Law Review

The Use of Multiple in Determining the Value of Railroad Lands - The case of Chicago & N. W. Ry. Co. v. Smith et al., decided by the United States District Court for the District of South Dakota and reported in 21o Fed. 632, contains an interesting suggestion as to the means to be employed in determining the value of lands used for railway purposes, which 'Was not, however, accepted by the court.

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Recent Important Decisions Dec 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Note And Comment, Joseph H. Drake, Hollis Harshman, Marcy K. Brown, Leslie C. Mcclelland Nov 1914

Note And Comment, Joseph H. Drake, Hollis Harshman, Marcy K. Brown, Leslie C. Mcclelland

Michigan Law Review

The Law School opens with an attendance of 500, the decrease from last year's numbers (on account of the increased requirements for admission) being less than was anticipated.

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Limitations Of Personal Property, Manley O. Hudson Jun 1914

Limitations Of Personal Property, Manley O. Hudson

University of Missouri Bulletin Law Series

Since chattels personal were never subjects of feudal tenure,' the creation of legal interests in them is not restricted by the artificial rules which apply in the creation of legal interests in realty. Though it may be proper to speak of the seisin of chattels, there has never been a principle that such seisin cannot be put in abeyance. Land can only be held of some one, but chattels may be owned absolutely. Strictly speaking, estates in chattels are therefore impossible, for estate connotes qualified ownership. Any disposition of a chattel, unless it be by way of pledge or bailment, …

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Content Of Covenants In Leases, Harry A. Bigelow Jun 1914

Content Of Covenants In Leases, Harry A. Bigelow

Michigan Law Review

In determining what covenants in a lease will run so as to be enforceable by or against the assignee of the lessee or lessor, the formula that has been consecrated to this problem is that the covenant "must affect the nature, quality, or value of the thing demised or the mode of occupying it." This phrase which was used by Lord ELLENBOROUGH in Congleton v. Pattison is an expansion of the statement in Spencer's case that such a covenant must "touch or concern the thing demised." A second statement not so frequently quoted is that of that "if it be …

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Recent Important Decisions May 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Registration Of Land Titles, John R. Rood Mar 1914

Registration Of Land Titles, John R. Rood

Michigan Law Review

It is proposed in this paper to consider some of the advantages and disadvantages of the older system of no registration, the later system of registering the instruments of conveyance, and the latest system of making the title depend entirely on a recorded adjudication that it is thus and so, which absolutely displaces all former titles-adjudicated or otherwise. It is also proposed to consider some of the reasons why the older systems persist.

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Estates By The Marital Right And By The Curtesy In Missouri, Charles K. Burdick Feb 1914

Estates By The Marital Right And By The Curtesy In Missouri, Charles K. Burdick

University of Missouri Bulletin Law Series

By the common law, if a woman married, seised of a freehold estate in land, or became seised of such an estate after marriage, her husband also, by the marital right, became immediately seised of an estate in the land. Although certain characteristics of the estate jure mariti are well established, it has nevertheless seemed to be one of the difficult problems of the law to define its nature.

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Les Codes Marocains, Émile Larcher Jan 1914

Les Codes Marocains, Émile Larcher

Civil Codes (1800-1923)

Annotés des dahirs et arrêtés pris pour la exécution.

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Adverse Possession In The Case Of The Rights Of Way Of The Pacific Railroad Companies, Ralph W. Aigler Jan 1914

Adverse Possession In The Case Of The Rights Of Way Of The Pacific Railroad Companies, Ralph W. Aigler

Articles

While the weight of authority is probably to the effect that railroad rights of way may be lost by adverse possession, the authorities are by no means agreed. See 12 MICH. L. REV. 144. The rights of way of certain of the Pacific Railroad Companies have been declared not to be subject to the ordinary rules as to adverse possession, on the ground that by the Congressional grants the four-hundred-foot-strips were conveyed only for railroad purposes with the ultimate possibility of reverter in the United States, which had the effect of making such lands inalienable by the railroad companies whether …

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The Registration Of Land Titles, John R. Rood Jan 1914

The Registration Of Land Titles, John R. Rood

Articles

It is proposed in this paper to consider some of the advantages and disadvantages of the older system of no registration, the later system of registering the instruments of conveyance, and the latest system of making the title depend entirely on a recorded adjudication that it is thus and so, which absolutely displaces all former titles, adjudicated or otherwise. It is also proposed to consider some of the reasons why the older systems persist.

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The Right To Divert Water To Non-Riparian Land, Ralph W. Aigler Jan 1914

The Right To Divert Water To Non-Riparian Land, Ralph W. Aigler

Articles

Though at one time in England there may have been some doubt as to the character of a riparian owner's rights in the waters of the stream, it must be considered as definitely settled by a series of cases that the doctrine of reasonable use by all the proprietors on the stream is the rule of the common law, and that the matter of priority of use or appropriation is, under that system, immaterial, unless, of course, a question of prescriptive right is involved. Wright v. Howard, 1 Sim. & S. 190; Mason v. Hill, 3 B. & Ad. 304, …

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Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler Jan 1914

Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler

Michigan Law Review

Interstate Commerce and State Control Over Foreign Corporations - Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to …

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Recent Important Decisions Dec 1913

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall Dec 1913

Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall

Michigan Law Review

What is a Public Purpose Justifying the Expenditure Therefore of Money Raised From Taxation - A recent Ohio case raises a question which is frequently discussed in connection with the activities of cities, i. e., 'what is a municipal or public purpose for the accomplishment of which city funds raised from taxation may be expended. The council of the city of Toledo passed an ordinance authorizing the expenditure of $1000 for the purpose of establishing a municipal moving-picture theater. The auditor refused to pay over to the director of public service the fund thus appropriated and mandamus was sought by …

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Estates Tail In Missouri, Manley O. Hudson Nov 1913

Estates Tail In Missouri, Manley O. Hudson

University of Missouri Bulletin Law Series

The recent case of Gray v. Ward calls attention to the problems which arise in the application of the Missouri statute abolishing estates tail as created by the statute De Donis Conditionalibus. It is believed that all of these problems have not been solved in the decisions of the Missouri Court and this study is undertaken to determine what principles have been adopted, and what further principles should control the Court in the application of this statute of entails.

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Recent Important Decisions Nov 1913

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Robert L. Mayall, Charles A. Wagner, Hester E. Yntema Jun 1913

Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Robert L. Mayall, Charles A. Wagner, Hester E. Yntema

Michigan Law Review

The Effect of the Carmack Amendment to the Hepburn Act Upon Limitation by Common Carrier of the Amount of their Liability - Two cases, decided by the Supreme Court of the United States on March 10, 1913, may be considered together. They are developments of the cases reviewed in II MICH. L. Rev. 460. Plaintiff shipped two boxes and a barrel of 'household goods" under an agreement that the goods, in case of loss, should be valued at $5 per hundred-weight. One box, weighing not over 200 pounds and actually worth $75, was lost. The Supreme Court of Arkansas affirmed …

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