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Full-Text Articles in Law
Real Property-Tenancy By Entireties-Estate Created By Parol Gift Followed By A Voluntary Settlement, Ralph J. Isackson
Real Property-Tenancy By Entireties-Estate Created By Parol Gift Followed By A Voluntary Settlement, Ralph J. Isackson
Michigan Law Review
Prior to his death in 1892, X made a parol gift of 60 acres in a 360 acre tract to his daughter, W, or to W and her husband, H, and put them into actual possession but gave them no deed to the land. No evidence was shown to indicate that either W or H had paid the taxes or made any improvements on the land during X's lifetime. X died intestate and left surviving him five children, including W. All the heirs, except W, conveyed the 60 acre tract to W and H in …
Trusts-Language Of Condition In Inter Vivos Conveyance Construed As A Trust, Bruce L. Moore
Trusts-Language Of Condition In Inter Vivos Conveyance Construed As A Trust, Bruce L. Moore
Michigan Law Review
Grantor conveyed certain real property to plaintiff by deed "subject to the following conditions: That upon my death, the Grantee must pay to my Grand Children out of my estate, the sums of money indicated after each name," the amount to be paid totaling $5,000. By this deed grantor transferred practically all of the property of which she was possessed, so that upon her death she left an estate of but $100. Without having paid any part of the amount stipulated in the deed, grantee commenced suit to quiet title as against the named grandchildren, who in .turn counterclaimed. In …
Bills And Notes-Assent By Indorser To Release Of Maker As Undertaking By Former To Continue Liable-Section 120, N.I.L., Bruce L. Moore
Bills And Notes-Assent By Indorser To Release Of Maker As Undertaking By Former To Continue Liable-Section 120, N.I.L., Bruce L. Moore
Michigan Law Review
The indorser on the note in suit gave his assent to the holder's release of the insolvent maker in return for a deed to certain real estate given by the maker. In reply to demands of the holder for the balance remaining due after sale of the real estate, the indorser stated he would pay the note, but asked for time. On failure of the indorser to pay, this suit was brought. Held, for the plaintiff. Consent of the indorser to release of the maker is not equivalent to an express reservation of rights as required by section 120(5) …
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).
Trusts - Statute Of Frauds - Part Performance Of Oral Trusts, Mark H. Harrington
Trusts - Statute Of Frauds - Part Performance Of Oral Trusts, Mark H. Harrington
Michigan Law Review
In some jurisdictions, where some equivalent to the seventh section of the English Statute of Frauds has not been enacted, an oral trust of land is enforceable. In others, it is held that the provisions requiring a writing in the case of conveyances of and contracts concerning interests in land forbid oral trusts of land. It is clear, however, that when the statute of frauds in force contains a provision requiring express trusts to be created or evidenced by writing, an oral agreement between grantor and grantee that the property conveyed should be held in trust can not be enforced …
Mortgages - Exchange For Deed With Option To Repurchase Or Sell To A Third Person And Take The Excess Of Purchase Money
Michigan Law Review
There is no principle more firmly established in equity than the one that the right of redemption constitutes an integral part of every mortgage. Neither by a stipulation in the mortgage itself, nor by any separate contemporaneous agreement, nor by giving a deed intended as a mortgage is it possible for the mortgagor to waive his equitable right to redeem. The application of this principle makes ineffectual the delivery of a deed in escrow at the time the note and mortgage are given, on condition that if the mortgagor does not pay his debt promptly the deed shall be delivered …
Adverse Possession-Grantor Against Grantee-Requirement Of Notice
Adverse Possession-Grantor Against Grantee-Requirement Of Notice
Michigan Law Review
Plaintiff owning a fee deeded it to his wife in 1893. The wife died in 1911, and plaintiff continued lo reside on the land ever since. Shortly after the wife's death plaintiff told defendants, his daughters, that he and his wife had held the land by" entirety, and that he was, therefore, the sole owner by right of survivorship. Defendants never learned of the deed to the wife until the instigation of this suit. Plaintiff claimed that he had reacquired ownership by adverse possession, and brought a bill to cancel the deed to his wife and remove the cloud from …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Estoppels-Legal And Equitable-Question As To Whether Equitable Estoppels May Be A Defense At Law
Estoppels-Legal And Equitable-Question As To Whether Equitable Estoppels May Be A Defense At Law
Michigan Law Review
An estoppel has been defined as "an impediment or bar, by which a man is precluded from alleging, or denying a fact, in consequence of his own previous act, allegation, or denial to the contrary". Jacob. In both law and equity estoppels were introduced at a very early date. Legal estoppels long antedated Coke, who attempted to enumerate them. Co. LIT. (17th ed.) 352, a. In fact, in some forms, as the estoppels by deed and of record, legal estoppels must have existed from the early beginnings of the common law. The doctrine which gave rise to equitable estoppels also …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
When Are Deeds Testamentary, Henry W. Ballantine
When Are Deeds Testamentary, Henry W. Ballantine
Michigan Law Review
It is no objection to a deed that it is used as a substitute for a will, to avoid the expense and delay of probate proceedings. The frequent litigation arising over such deeds, however, shows that this expedient is a* dangerous one unless the grantor uses great care to avoid certain snares and pitfalls which the law in its wisdom provides for the unwary. The grantor may attempt to accomplish his purpose either by express provisions embodied in the deed itself, or by external, collateral conditions, preserved by the delivery of the deed to a deposifory. This paper will consider …
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.
Conveyancing In The Province Of Quebec, Howard S. Ross
Conveyancing In The Province Of Quebec, Howard S. Ross
Michigan Law Review
A solicitor who has had experience as a conveyancer in any of the other Canadian provinces is at first disappointed when he finds on coming to Quebec to practice that in Quebec the bulk of the conveyancing is done by Notaries who, as is well known, belong to a distinct profession founded on the French Notarial system. An Advocate may not be a Notary or a Notary an Advocate, at one and the same time. In a few cases young men take the examinations and qualify as Advocates and Notaries and then elect. Occasionally after practicing a number of years …