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Common Law

Ownership

Articles 1 - 7 of 7

Full-Text Articles in Law

Rights Of Finders, Ralph W. Aigler Jan 1923

Rights Of Finders, Ralph W. Aigler

Articles

Much of the confusion and uncertainty in the law regarding the topic indicated above is due to a failure to distinguish between several types of situations and to appreciate the applicability of certain fundamental principles. The words "lost" and "find" are used in such widely varying senses that the all too common method of reaching a conclusion by first applying a name to a thing or situation has in this particular field led to special difficulty.


Rights Of Finders, Ralph W. Aigler Jan 1923

Rights Of Finders, Ralph W. Aigler

Articles

Much of the confusion and uncertainty in the law regarding the topic indicated above is due to a failure to distinguish between several types of situations and to appreciate the applicability of certain fundamental principles. The words "lost" and "find" are used in such widely varying senses that the all too common method of reaching a conclusion by first applying a name to a thing or situation has in this particular field led to special difficulty.


The Lien Or Equitable Theory Of The Mortgage--Some Generalizations, Edgar N. Durfee Jan 1912

The Lien Or Equitable Theory Of The Mortgage--Some Generalizations, Edgar N. Durfee

Articles

The question is--What is the nature of the rights of a real property mortgagee in those jurisdictions which adopt the lien or equitable theory3 of the mortgage? In one sense this question calls for a full statement of the law of mortgages but that, of course, is not the sense in which the writer puts it. He means by it to put a broader and more scientific question--a question, be it at once confessed, of jurisprudence--yet a question which has an important bearing on, if it is not in fact conclusive of, several specific problems in the law, which will ...


The Struggle For A Perpetuity, John R. Rood Jan 1910

The Struggle For A Perpetuity, John R. Rood

Articles

It is natural for us moderns to conceive of the right to alienate as an inseparable incident of ownership, since we have known no other condition; and in the modern books and decisions the subject is generally disposed of with the curt statement as if it were a truism. It is believed that to such as are not familiar with the history of that doctrine a review of the struggle through centuries, by which it was finally established on its present firm foundation, would not be devoid of interest.


Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson Jan 1903

Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson

Articles

Under the common law one who held an estate in lands in fee simple absolute was the sole owner of such lands, and his right to enjoy the estate and exercise all the powers and privileges incident thereto could not be restricted by the devisor or grantor. The rights and privileges incident to an estate in fee simple constituted the estate-they were all essential, they were its bone, sinew and blood, and in the absence of any one of them the estate was regarded as less than a fee simple. Among those essential rights were the right of possession, the ...


The Right Of A Bona Fide Occupant Of Land To Compensation For His Improvements, Henry W. Rogers Dec 1882

The Right Of A Bona Fide Occupant Of Land To Compensation For His Improvements, Henry W. Rogers

Articles

It may be observed, in the first place, that the civil law afforded protection to the bona fide occupant of land, who had made useful or permanent improvements on the land, believing himself to be the true owner. The civil law never permitted one who was in the possession of land in good faith, to be turned out of his possession by the rightful owner, without any compensation for the additional value he has given to the soil by the improvements he had made; but it allowed him to off-set the value of his improvements to the extent, at least ...


Title To Lands Under Fresh Water Lakes And Ponds, Thomas M. Cooley Dec 1880

Title To Lands Under Fresh Water Lakes And Ponds, Thomas M. Cooley

Articles

In the Northwestern States there are innumerable lakes and ponds, which are largely resorted to for pleasure, and for the opportunities they furnish for the taking of game and fish. The scenery about them is, in most cases, picturesque and inviting, and they become favorite locations for residence. On some the navigation is valuable for business purposes; others are navigated for pleasure only. In surveying the public domain for the purposes of sale, the government caused all that were too large to be embraced within a single subdivision of a section, to be meandered at the water line, and the ...