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Articles 511 - 540 of 553
Full-Text Articles in Property Law and Real Estate
Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham
Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham
Michigan Law Review
In an earlier article in this law review, I discussed the new doctrine that in certain municipalities a decision by the local governing body to rezone or not to rezone land should be deemed an "administrative" or "quasi-judicial," rather than a "legislative," act. This doctrine was introduced into Michigan law several years ago in a series of opinions signed by only three justices of the Michigan Supreme Court. The earlier article dealt principally with the merits of the new "rezoning as administrative act" doctrine. The present article discusses troublesome aspects of the Michigan Supreme Court's attitude toward the principle of …
Village Of Arlington Heights V. Metropolitan Housing Development Authority Corp., Lewis F. Powell Jr.
Village Of Arlington Heights V. Metropolitan Housing Development Authority Corp., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Substantive Validity Challenges Under The Pennsylvania Municipalities Planning Code: The Practitioner And The New Procedures, Benjamin N. Henszey, Benjamin Novak
Substantive Validity Challenges Under The Pennsylvania Municipalities Planning Code: The Practitioner And The New Procedures, Benjamin N. Henszey, Benjamin Novak
Villanova Law Review (1956 - )
No abstract provided.
Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones
Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones
Scholarly Works
For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …
Bosch And The Binding Effect Of State Court Adjudications Upon Subsequent Federal Tax Litigation, William E. Martin
Bosch And The Binding Effect Of State Court Adjudications Upon Subsequent Federal Tax Litigation, William E. Martin
Vanderbilt Law Review
One of the unique facets of American federalism involves the interaction of state court decrees which determine or characterize an individual's property rights with subsequent federal court litigation which imposes the federal tax burden upon those rights. While Congress determines what relationships are to be taxed, state law creates and state court adjudications measure these relationships.' In 1934 the Supreme Court formulated the standard that the state court decision was to be followed by a federal tax court in the absence of collusion, since the decree established the state "law" in regard to the relevant property. However, the definitional and …
Book Reviews, Abraham S. Goldstein, Ivan C. Rutledge, Paul W. Bruton, Sheldon Tefft, Frank D. Emerson, William F. Willier, Forrest W. Lacey, Edward F. C. Mcgonagle
Book Reviews, Abraham S. Goldstein, Ivan C. Rutledge, Paul W. Bruton, Sheldon Tefft, Frank D. Emerson, William F. Willier, Forrest W. Lacey, Edward F. C. Mcgonagle
Journal of Legal Education
No abstract provided.
Abstracts Of Recent Cases, William Erwin Barr
Abstracts Of Recent Cases, William Erwin Barr
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, M. J. P.
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Michigan Law Review
Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over …
Equity—Specific Performance By Partial Sub-Purchaser Against Original Vendor, Robert Schaus
Equity—Specific Performance By Partial Sub-Purchaser Against Original Vendor, Robert Schaus
Buffalo Law Review
George V. Clark Co., Inc. et al v. New York, New Haven & Hartford Ry. Co. et al., __ App. Div __ , 107 N. Y. S. 2nd 721 (1st Dept. 1951).
Negligence-Duty Of Care-Duty Of Possessor Of Land Conducting Activities Thereon To Keep A Lookout For Licensees, Duncan Noble
Negligence-Duty Of Care-Duty Of Possessor Of Land Conducting Activities Thereon To Keep A Lookout For Licensees, Duncan Noble
Michigan Law Review
Plaintiff, seeking employment, came onto the site of a road construction project under defendant's control as general contractor and posted by him with notices of construction and against trespassing. Plaintiff was struck by a materials truck backing, without lookout or warning, over the completed half of the road. On these facts the jury found that the truck was negligently operated and plaintiff prevailed. On appeal, held, affirmed. A contractor owes a duty of ordinary care to licensees in a case of "active," as distinguished from "passive" negligence. Evidence as to the mode of operating the truck and "likelihood" of …
Problems In Probate Law: Including A Model Probate Code, Lewis M. Simes, Paul E. Basye
Problems In Probate Law: Including A Model Probate Code, Lewis M. Simes, Paul E. Basye
Michigan Legal Studies Series
The publication of the Model Probate Code, together with related monographs and appendix notes, serves a dual purpose. It is the report of a committee of the Probate Division of the American Bar Association. It is also the product of a research project carried on by the University of Michigan Law School. Mr. R. G. Patton, in his "Presentation of the Report of the Committee on Model Probate Code," printed elsewhere in this volume, has provided an appropriate preface for this publication in its first aspect.
Equity - Contempt - Duration Of Imprisonment, Michigan Law Review
Equity - Contempt - Duration Of Imprisonment, Michigan Law Review
Michigan Law Review
Defendant, a trustee, refused to comply with a court order to turn over certain property to a receiver appointed by the court. She also refused to answer proper questions in a proceeding before a master. She was committed for contempt on January 5, 1934, to be held in jail till she complied with the court order and answered the questions. Her petition for release in July, 1937, was denied. Held, petition properly denied. Tegtmeyer v. Tegtmeyer, (Ill. App. 1937) 11 N. E. (2d) 657.
Equity - Rescission Of Contract Induced By Fraud - Money Judgment As An Alternative To Specific Restitution
Michigan Law Review
Plaintiff entered into an agreement for the exchange of interests in real estate with one of the defendants. After payment of part of the boot money agreed upon, the plaintiff defaulted and sued to have the agreement rescinded for fraud. The trial court rendered a money judgment for the amount at which the plaintiff's property had been taken on the trade. Held, that defendant's wife, to whom the property had been conveyed, should have been joined, and that the decree should be modified to order a reconveyance to the plaintiff. Bacon v. Fox, 267 Mich. 589, 255 N. …
Stare Decisis -The Retroactive Effect Of An Overruling Decision
Stare Decisis -The Retroactive Effect Of An Overruling Decision
Michigan Law Review
In 1923 the Supreme Court of Michigan ruled, in Kavanaugh v. Rabior, that property lying between the meander line and the waterline of the Great Lakes belonged to the State. The defendant, after this decision and upon the advice of the State Conservation Department, refused to pay rent to the plaintiff, the littoral proprietor. In 1930 the court, overruling the Kavanaugh case, held, in Hilt v. Weber, that such property belonged to the littoral proprietor. On the basis of this decision the plaintiff brought suit for use and occupation. Held, in the principal case, that the overruling …
The Supreme Court And Zoning Legislation, J. H. Toelle
The Supreme Court And Zoning Legislation, J. H. Toelle
Indiana Law Journal
No abstract provided.
Judicial Sales, F. C. Leftwich
Perpetuity Statutes, Edwin C. Goddard
Perpetuity Statutes, Edwin C. Goddard
Articles
THE common law of perpetuities is one of the most interesting examples of almost pure judicial legislation. De Donis, The Statutes of Uses and of Wills, but gave wider scope to the development by the courts of rules of law to thwart the attempt of the great landowners to tie up their landed estates in their families in perpetuity. One body of rules to this end limited restraints upon alienation, another the creation of future interests vesting at too remote a period. Restriction of restraints upon alienation, and the rule against perpetuities, these two were developed for the same end, …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …
Determinable Fee - Possibility Of Reverter, Edwin C. Goddard
Determinable Fee - Possibility Of Reverter, Edwin C. Goddard
Articles
Professor Gray, in the first edition of his great work, "The Rule Against Perpetuities," Section 31 and following, contended that the Statute Quia Emptores by putting an end to tenure between feoffor and feoffee of an estate in fee simple, incidentally put an end to possibility of reverter to the feoffer on failure of the condition in a determihable fee. Specifically he says that upon dissolution of an eleemosynary corporation a terminable gift to such corporation does not revert to the donor, as is said by Lord Coke, Co. LITT. 13b, but escheats. For reversion depends on tenure, and the …
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Michigan Law Review
Estates in Fee Tail - Quite generally estates in fee tail under the STATUTE DE DONIS were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied. See the states classified according to the character of the legislation in BREWSTER, CONVEYANCING, § § 142, 143.
Mortgagee In Possession In New York And Michigan, Edgar N. Durfee
Mortgagee In Possession In New York And Michigan, Edgar N. Durfee
Articles
It is interesting to observe how tenaciously the old common law of mortgages has persisted in the state of New York, the very cradle of the modem lien theory of the mortgage. As early as 1802 Chancellor KENT began the importation into that state of Lord MANSFIELD'S Civil Law doctrines of mortgage. Johnson v. Hart, 3 Johns. Cas. 322. In 1814, in the case of Runyan v. Mersereau, 11 Johns. 534, the lien theory definitely triumphed over the old law. In other cases, both before and since the statute of 1828 denying ejectment to the mortgagee, the details of mortgage …
Taking Of Equitable Easements For Public Use, Edgar N. Durfee
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 …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Les Codes Marocains, Émile Larcher
Les Codes Marocains, Émile Larcher
Civil Codes (1800-1923)
Annotés des dahirs et arrêtés pris pour la exécution.
Recent Important Decisions
Michigan Law Review
Attachment - Property in Custodia Legis; Bankruptcy - Promise After Adjudication to Pay Dischargeable Debt; Bills and Notes - Provision for Extension of Time of Payment; Bills and Notes - Transfer as Collateral for Pre-Existing Debt; Carriers - Ticket Not Conclusive Evidence of Contract of Carriage; Constitutional Law - Race Discrimination in Selection of Jury; Corporations - Rights of Pledgor of Stock; Courts - English the Official Language of the Phillippines; Evidence - Declarations as to Pedigree; Evidence - Expert Testimony; Husband and Wife - Power of Husband to Dispose of his Personalty by Gift Causa Mortis; Insurance - Liability …
Note And Comment, Sigmund W. David, Newton K. Fox, Harold R. Curtis, Aquilla C. Lewis, Albert R. Dilley
Note And Comment, Sigmund W. David, Newton K. Fox, Harold R. Curtis, Aquilla C. Lewis, Albert R. Dilley
Michigan Law Review
Civil Liability for False Testimony; Review by the Courts of the Decisions of the Land Department; Right of One Partner to Sue His Co-Partners in Conversion; Does a Tax Deed, Void on it Face, Give Color of Title; Interference With Employment by Trade Union;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Hostile Character--Possession Under Executory Contract for Sale; Bills and Notes--Bona Fide Purchase--Effect of Taking After Maturity; Bills and Notes--Bona Fide Purchase--Payment of Forged Check--Recovery of Payment; Bills and Notes--Invalidity of Note--Recovery Upon Original Consideration; Constitutional law--Due Process of Law--Situs of Ship for Purposes of Taxation; contracts--Sufficiency of Typewritten Signature; Copyright--Moving Pictures as Dramatization of Book; Corporations--Stockholder's Meetings--Effect of Withdrawal of Stockholders; Courts--The New Commerce Court--Jurisdiction--First Decision; Covenants Running with the Land--Building Restrictions; Damages--Excessiveness--Personal Injuries--Remittitur; Dead Bodies--Burial Determination of Place; Easements--Merger--Use by Owner of Servient Estate--Adverse Possession; Homicide--Burden of Proof When Insanity is a Defense; Intoxicating Liquors--Illegal Sale--"Dispensing"; Judgment--Collateral Attack--Defective …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Actual Possession--Occupation of Part; Banks and Banking--Payment of Deposits on Forged Checks--Liability--Affirmative Defense; Banks and Banking--Payment of Check--Forged Indorsements; Cancellation of Instrument for Want of Consideration--Stauts Quo; Charities--Charitable Gift--Validity; Commerce--Interstate Commerce--Continuous Shipment--Violation of Elkins Act; Constitutional Law--Power of Judicial Department--Infringement on Executive; Conversion--Return of Goods as Defense; Conveyancing--Grantee's Name Left Blank; Courts--State Courts--Jurisdiction over National Banks; Criminal Law--Harmless Error in Admission of Evidence; Equity--Subrogation of Mortgagor to Rights of Mortgagee; Evidence--Admissibility of Statements in Corroboration of Testimony of Discredited Witness; Evidence--Other Offenses as Evidence of Offense Charged; Fixtures--Between Vendor of Chattel and Mortgagee of Land; Husband and Wife--Action Against …
Recent Important Decisions, Michigal Law Review
Recent Important Decisions, Michigal Law Review
Michigan Law Review
Appeal and Error--Attorney's Interest in Case on Appeal--Contingent Fee; Bankruptcy--discharge--subsequent Action for Fraud; Bills and Notes--Usury No Defense Against a bona Fide Holder--Construction of Negotiable Instruments Statute; Boundaries--Street, Terminus A Quo; Carriers--Hepbern Act--State and Federal Courts--Phrase "Caused by It"; Chattel Mortgages--Payment without Notice of Assignment--Construction of a Mortgage Provision; Constitutional Law--Equal Protection of Laws--Statute Requiring Screens on Cars Operated by Corporations; Constitutional Law--Equal Protection of the Laws--Class Legislation; Contracts--No Recovery Under an Entire Illegal Contract; Contracts--Validity of Contract in Contemplation of Divorce; Courts--Federal Courts--authority of Decision of State Courts--"Telegraph"; Covenants--Breach of that Against Incumbrances; Elections--Ballots--Indication of Choice by Voter; Evidence--Facts …