Law Commons^™

Abstracts Of Recent Cases, James Kilgore Edmundson Jr.

West Virginia Law Review

No abstract provided.

Property—Lease Of Incompetent’S Real Property Must Not Be More Than Five Years From The Execution Date, Buffalo Law Review Board

Buffalo Law Review

Saxton v. Hose, 8 N.Y.2d 335, 207 N.Y.S.2d 661 (1960).

The Real Estate Investment Trust: A New Medium For Investors, A. Overton Durrett

William & Mary Law Review

No abstract provided.

Real Property -- 1961 Tennessee Survey, Thomas G. Roady, Jr.

Vanderbilt Law Review

Probably no area of the law is fraught with more confusion than that involving construction of clauses in deeds and wills which impose some restraint on the conduct of grantees or devisees- seemingly not in the best interest of society. Clauses which tend to deter grantees or devisees from marriage or remarriage have constituted a fertile source of litigation for centuries. And though the stated rules of law prohibit and restrict the use of marriage or remarriage as a condition to vest or divest interests in real property, there are very few cases in which the courts in this country …

Personal Property And Sales -- 1961 Tennessee Survey, James O. Bass, Jr.

Vanderbilt Law Review

The Tennessee courts have heretofore denied recovery in actions for breach of warranty in the absence of privity of contract between the plaintiff and the defendant.' The required privity had not previously been found when a manufacturer was sued by a consumer who purchased from an intermediate dealer. . . .

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Contractual Disclaimer.-In the Dodson case, there was an alter-native holding that the consumer could recover on the theory of an implied warranty of quality or fitness. The significance of such a holding lies in the fact that the express warranty which the court found running from General Motors …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Freedom of Speech--Prior Restraint on Motion Picture Exhibition

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Criminal Law--Murder--Year and a Day Rule Rejected in Pennsylvania

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Real Property--Restraints on Alienation--Conveyance Giving Housing Cooperative First Option to Buy and Right to Redeem is not an Invalid Restraint on Alienation

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Taxation--Income Tax--Uncompensated Casualty Loss Due to Drought Allowed as Section 165 Deduction

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Torts--Negligence--Fireman in Performance of Duties Allowed Recovery as Invitee

United States V. Causby: An Extension Thereof, Stuart Randolph Hayes

William & Mary Law Review

No abstract provided.

Federal And State Condemnation Proceedings--Procedure And Statutory Background, William E. Miller

Vanderbilt Law Review

The development of our modern and complex society has necessitated a widespread appropriation of private property for public use. The vital importance of present-day eminent domain is emphasized by the staggering proportions of recent and proposed takings in terms of the amount of land appropriated, its monetary value, and the number of individual citizens whose property is affected. In the Middle District of Tennessee alone--of course a small part of the national total-in excess of 700 tracts or parcels of land have been condemned during the past seven and one-half years for various projects, including the Old Hickory Dam and …

Property—Stae Acquires Property Rights Without User Or Evidence Of Compensation, Roger V. Barth

Buffalo Law Review

Incres S. S. Co. v. International Maritime Workers Union, 10 N.Y.2d 218, 219 N.Y.S.2d 21 (1961).

Property—Year-Delay Clause In Legislation In Regard To Fixation Of Maximum Rent Constitutional, Louis H. Siegel

Buffalo Law Review

In re Sipal Realty Corp., 8 N.Y.2d 319, 206 N.Y.S.2d 767 (1960).

Property—Former Owner Of Realty Lacked Standing To Apply For Cancellation Of Tax Sale, Buffalo Law Review Board

Buffalo Law Review

Morlee Sales Corp. v. Manufacturers Trust Co., 9 N.Y.2d 16, 210 N.Y.S.2d 516 (1961).

Property—Miscellaneous Property Cases, Buffalo Law Review Board

Buffalo Law Review

In re Szabo's Estate, 10 N.Y.2d 94, 217 N.Y.S.2d 593 (1961).

Property—Decontrol Order Required For Emergency Rent, Peter D. Cook

Buffalo Law Review

New York State Thruway Authority v. Ashley Motor Court, Inc., 10 N.Y.2d 151, 218 N.Y.S.2d 640 (1961); Schulman v. People, 10 N.Y.2d 249, 219 N.Y.S.2d 241 (1961).

Property—Construction Of A Notice Of Termination In A Lease Of Real Property, Joseph S. Mogavero

Buffalo Law Review

Grimmer v. Gallery, 8 N.Y.2d 369, 208 N.Y.S.2d 945 (1960).

Property—Power To Regulate Use Of Property Adjacent To Superhighway Must Be Specifically Conferred, Timothy C. Leixner

Buffalo Law Review

Schillawski v. State, 9 N.Y.2d 235, 213 N.Y.S.2d 68 (1961).

Property—Statutory Relief For Tenants Of Destroyed Premises Rendered Applicable By Parties' Contrary Agreement, R. D. G.

Buffalo Law Review

I.L.F.Y. Co. v. Temporary State Housing Rent Commission, 10 N.Y.2d 263, 219 N.Y.S.2d 249 (1961).

Property—Intervivos Gift Of Stock Requires Transfer Prior To Donor’S Death, Buffalo Law Review Board

Buffalo Law Review

Vernon v. Sarra, Inc., 9 N.Y.2d 94, 211 N.Y.S.2d 180 (1961).

P. G. Lake-Its Effect On A Conveyance By The Lessor Of A Lease Bonus With A Retained Royalty

Indiana Law Journal

No abstract provided.

Mechanics Liens In Indiana-The Extent Of The Property And Property Interests Subject To The Lien

Indiana Law Journal

No abstract provided.

Municipal Corporations--Violation Of Municipal Ordinance--Liability Of Abutting Owners And Occupants Of Street And Sidewalks, Arthur Mark Recht

West Virginia Law Review

No abstract provided.

Taxation - Federal Income Tax - Severance Damages To Real Property Are A Component Of Charitable Deduction, Michael M. Hughes

Michigan Law Review

The United States selected part of petitioners' estate for construction of a Nike missile base and began condemnation proceedings and negotiations for sale of the premises in lieu of condemnation. Upon failure of the parties to agree on a sale price, petitioners made a gift of the site and certain easements in adjoining land to the United States for so long as the site was used as a missile base. In their 1955 return petitioners claimed a charitable deduction of $69,782 as the fair market value, including severance damages to the remaining portion of their estate, of the property conveyed. …

The Income Tax Aspects Of Real Estate Developments By Multiple Corporations, Audy Michael Perry

West Virginia Law Review

No abstract provided.

Income Tax--Payment By Sublessee For Cancelation Of Lessee's Interest, Robert Glenn Lilly Jr.

West Virginia Law Review

No abstract provided.

Some Aspects Of Joint Ownership Of Real Property In West Virginia, Londo H. Brown

West Virginia Law Review

A very large percentage of the conveyances of real estate to be used as the residences of the grantees are made to husbands and Wives, and most of these conveyances expressly provide for survivorship between the owners. In most cases these conveyances create joint tenancies with the survivor of the grantees having the right to complete ownership. Because of the number of these conveyances, attorneys are becoming increasingly conscious of the problems connected with joint tenancy. A recent article in the West Virginia Law Review contained a wealth of information on the subject of creation of joint estates in real …

The Law Of Real Property In England And The United States: Some Comparisons, Francis R. Crane

Indiana Law Journal

Address delivered at the Indiana University School of Law, Bloomington, Indiana, January 30, 1961, sponsored by the Indiana University School of Law as the first of the 1961 Addison C. Harris Memorial Lectures.

Constitutional Law - Eminent Domain - Extension Of Fifth Amendment "Taking" To Include Destruction Of Lien Right By The Doctrine Of Immunity Of Government Property From Attachment, Henry J. Price

Michigan Law Review

Upon default of the contracting shipbuilder, the United States acquired title to certain materials in accordance with a contract provision. Petitioners, who had previously acquired materialmen's liens on these materials, claimed that assertion of the doctrine of immunity of government property from attachment resulted in a "taking" of their liens in violation of the fifth amendment. This was rejected by the Court of Claims. On certiorari to the United States Supreme Court, held, reversed, three Justices dissenting. Since the builder had title at the time the materials were furnished, the property was not a "public work" and thus the …

Caveat Emptor In Sales Of Realty--Recent Assaults Upon The Rule, Leo Bearman, Jr.

Vanderbilt Law Review

While caveat emptor is still ostensibly the law applicable to sales of realty in every common law jurisdiction, it no longer effectively protects the builder-vendor. In many instances he is now being held liable for damages or rescission for failure to meet what is in result, if not in fact, an implied warranty of good quality and fitness for purpose when he sells a newly constructed home. The expansions of previously settled doctrine by the courts to reach this result have occurred in the areas of implied warranty itself, and in the areas of express warranty, marketable title, fraud,and negligence. …

Financing Industrial Development In The South, Margie F. Pitts

Vanderbilt Law Review

Proponents of public industrial building financing justify their position by pointing to the need to supplement private investment and to raise the level of per capita income in areas which have chronically suffered from this condition. The view one adopts of such financing is often couched on the high theme of free enterprise versus governmental participation. Yet the problem may also be viewed from the perspective of the South and its immediate needs.In the long run, it might well be that this program will have served to furnish a starting point for the process of development which would lead to …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--DUE PROCESS--ADMINISTRATIVE AGENCY MAY DENY APPRISAL AND CONFRONTATION IN PURELY INVESTIGATIVE PROCEEDING

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CONSTITUTIONAL LAW--DUE PROCESS--STATE MAY DISCHARGE EMPLOYEE FOR FAILURE TO PERFORM STATUTORY DUTY TO ANSWER

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DAMAGES--REFUSAL TO INSTRUCT JURY TO CALCULATE LOSS OF EARNINGS ON THE BASIS OF NET INCOME AFTER TAXES

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EVIDENCE--ADVERSE SPOUSAL TESTIMONY--WIFE COMPELLED TO TESTIFY IN MANN ACT PROSECUTION

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FEDERAL PROCEDURE--CHANGE OF VENUE--TRANSFER OF CIVIL ACTION MUST BE TO DISTRICT HAVING STATUTORY VENUE

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FEDERAL TORT CLAIMS ACT--SUIT ALLOWED FOR NEGLIGENCE EVEN THOUGH ACCOMPANIED BY MISREPRESENTATION

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INSURANCE--FEDERAL TRADE COMMISSION--REGULATION BY STATE WHERE UNFAIR TRADE PRACTICE ORIGINATES DOES NOT OUST FTC …

Condemnation: Damages For Impairment Of Access To Land

Washington and Lee Law Review

No abstract provided.