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Articles

1916

University of Michigan Law School

Equity

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Full-Text Articles in Law

The Michigan Judicature Act Of 1915, Edson R. Sunderland Jan 1916

The Michigan Judicature Act Of 1915, Edson R. Sunderland

Articles

IN 1848 a wave of reform in judicial procedure began to sweep over the United States. In that year the legislature of New York enacted the Code of Civil Procedure, a statute of far-reaching importance, for it became the source of and the model for similar legislation in almost two-thirds of the States in the Union.


Taking Of Equitable Easements For Public Use, Edgar N. Durfee Jan 1916

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 …