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St. Mary's University

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Articles 61 - 90 of 103

Full-Text Articles in Property Law and Real Estate

Retaliatory Eviction In Texas - An Analysis And A Proposal., Jane E. Bockus Jun 1978

Retaliatory Eviction In Texas - An Analysis And A Proposal., Jane E. Bockus

St. Mary's Law Journal

Abstract Forthcoming.


Constitutional Limitations On The Division Of Property Upon Divorce., James N. Castleberry Jr. Mar 1978

Constitutional Limitations On The Division Of Property Upon Divorce., James N. Castleberry Jr.

St. Mary's Law Journal

Abstract Forthcoming.


The Residential Tenant's Security Deposit - A Protected Interest Worth Litigating., Claude M. Mcquarrie Iii Dec 1977

The Residential Tenant's Security Deposit - A Protected Interest Worth Litigating., Claude M. Mcquarrie Iii

St. Mary's Law Journal

Abstract Forthcoming.


Affirmative Remedies For The Tenant., Robin Vaughn Dwyer Dec 1977

Affirmative Remedies For The Tenant., Robin Vaughn Dwyer

St. Mary's Law Journal

Abstract Forthcoming.


Prior To Accrual, Military Retirement Pension Earned During Coverture Is Community Property Subject To Division At Time Of Divorce., Mary Elizabeth Carmody Mar 1977

Prior To Accrual, Military Retirement Pension Earned During Coverture Is Community Property Subject To Division At Time Of Divorce., Mary Elizabeth Carmody

St. Mary's Law Journal

Abstract Forthcoming.


Apportionment Of Community Property Interests In Prospective Military Retirement Benefits Upon Divorce., Charles H. Rennick Mar 1977

Apportionment Of Community Property Interests In Prospective Military Retirement Benefits Upon Divorce., Charles H. Rennick

St. Mary's Law Journal

Abstract Forthcoming.


Real Estate Sale-Leaseback Agreements Under Texas Usury Law: Circumvention Or Sale., Douglas W. Poole Dec 1976

Real Estate Sale-Leaseback Agreements Under Texas Usury Law: Circumvention Or Sale., Douglas W. Poole

St. Mary's Law Journal

Abstract Forthcoming.


Division Of Texas Marital Property On Divorce., Joseph W. Mcknight Sep 1976

Division Of Texas Marital Property On Divorce., Joseph W. Mcknight

St. Mary's Law Journal

Abstract Forthcoming.


Landlord May Not Exercise Contractual Lien Over Tenant's Property Without Affording Opportunity For Prior Notice And Hearing., Betsy Hall Sep 1975

Landlord May Not Exercise Contractual Lien Over Tenant's Property Without Affording Opportunity For Prior Notice And Hearing., Betsy Hall

St. Mary's Law Journal

Abstract Forthcoming.


Adverse Possession: The Twenty-Five Year Statutes Of Limitation And Disabilities Which Toll Limitations Student Symposium: Texas Land Titles: Part Ii., Holmes Thomas Bennett Mar 1975

Adverse Possession: The Twenty-Five Year Statutes Of Limitation And Disabilities Which Toll Limitations Student Symposium: Texas Land Titles: Part Ii., Holmes Thomas Bennett

St. Mary's Law Journal

Abstract Forthcoming.


Community Property And The Homestead Student Symposium - Texas Land Titles: Part Ii., Michael F. Archer Mar 1975

Community Property And The Homestead Student Symposium - Texas Land Titles: Part Ii., Michael F. Archer

St. Mary's Law Journal

Abstract Forthcoming.


Procedural Aspects Of Land Title Suits Student Symposium - Texas Land Titles: Part Ii., James W. Moore Mar 1975

Procedural Aspects Of Land Title Suits Student Symposium - Texas Land Titles: Part Ii., James W. Moore

St. Mary's Law Journal

Abstract Forthcoming.


Deed Of Trust Mortgage: Foreclosure Problems Student Symposium - Texas Land Titles: Part Ii Student Symposium., Gershon Dean Cohen Mar 1975

Deed Of Trust Mortgage: Foreclosure Problems Student Symposium - Texas Land Titles: Part Ii Student Symposium., Gershon Dean Cohen

St. Mary's Law Journal

Abstract Forthcoming.


Adverse Possession: The Three, Five And Ten Year Statutes Of Limitation Student Symposium - Texas Land Titles: Part Ii., Frank S. Morrill Mar 1975

Adverse Possession: The Three, Five And Ten Year Statutes Of Limitation Student Symposium - Texas Land Titles: Part Ii., Frank S. Morrill

St. Mary's Law Journal

Abstract Forthcoming.


Implied Covenant Of Development And Further Exploration - Dilemma Or Solution., James Irwin Calk Mar 1975

Implied Covenant Of Development And Further Exploration - Dilemma Or Solution., James Irwin Calk

St. Mary's Law Journal

The typical oil and gas lease does not specifically enumerate the lessee’s obligations regarding development and further exploratory activity after initial production has been achieved on the lease. However, several jurisdictions, including Texas, have found these obligations as implied under a general covenant of development. The majority standard in determining a breach of this covenant is the reasonable prudent operator rule. Most importantly, can the operator reasonably expect profits from further exploration. In Texas, the burden of proving an expectation of profits falls on the lessor. However, as the Texas Supreme Court has not fully addressed the issue, there may …


Division Of Marital Property On Divorce: A Proposal To Revise Section 3.63., J. Brian Sokolik Mar 1975

Division Of Marital Property On Divorce: A Proposal To Revise Section 3.63., J. Brian Sokolik

St. Mary's Law Journal

Abstract Forthcoming.


Introduction Student Symposium - Texas Land Titles: Part Ii - Introduction., Aloysius A. Leopold Mar 1975

Introduction Student Symposium - Texas Land Titles: Part Ii - Introduction., Aloysius A. Leopold

St. Mary's Law Journal

Abstract Forthcoming.


Relinquishment Of State Owned Minerals - The Agency Relationship Between The Owner Of The Soil And The State Student Symposium: Texas Land Titles: Part Ii., Bobby L. Freeman Mar 1975

Relinquishment Of State Owned Minerals - The Agency Relationship Between The Owner Of The Soil And The State Student Symposium: Texas Land Titles: Part Ii., Bobby L. Freeman

St. Mary's Law Journal

Abstract Forthcoming.


An Unpaid Subcontractor Is Entitled To An Equitable Lien On The Retainage When There Is No Bond., Martha I. Macartney Mar 1975

An Unpaid Subcontractor Is Entitled To An Equitable Lien On The Retainage When There Is No Bond., Martha I. Macartney

St. Mary's Law Journal

Abstract Forthcoming.


Declining Balance Of Principle Must Be Accounted For When Calculating Interest At The Maximum Legal Rate., Richard Meyer Mar 1975

Declining Balance Of Principle Must Be Accounted For When Calculating Interest At The Maximum Legal Rate., Richard Meyer

St. Mary's Law Journal

Abstract Forthcoming.


Operation And Construction Of Deeds Student Symposium - Texas Land Titles., Mance M. Park Dec 1974

Operation And Construction Of Deeds Student Symposium - Texas Land Titles., Mance M. Park

St. Mary's Law Journal

Abstract Forthcoming.


The Common Law Covenants, The Covenant Of Habitability, And The Covenant Against Encumbrances Student Symposium - Texas Land Titles., Robert Hoagland Dec 1974

The Common Law Covenants, The Covenant Of Habitability, And The Covenant Against Encumbrances Student Symposium - Texas Land Titles., Robert Hoagland

St. Mary's Law Journal

Abstract Forthcoming.


Registration Of Deeds Student Symposium - Texas Land Titles., David C. Pennella Dec 1974

Registration Of Deeds Student Symposium - Texas Land Titles., David C. Pennella

St. Mary's Law Journal

Abstract Forthcoming.


The Interests Of A Wife In Joint Management Community Property Are Not Affected By An Action To Which She Is Not A Named Party., J. Brian Sokolik Dec 1974

The Interests Of A Wife In Joint Management Community Property Are Not Affected By An Action To Which She Is Not A Named Party., J. Brian Sokolik

St. Mary's Law Journal

Abstract Forthcoming.


Introduction Student Symposium - Texas Land Titles - Introduction., Aloysius A. Leopold Dec 1974

Introduction Student Symposium - Texas Land Titles - Introduction., Aloysius A. Leopold

St. Mary's Law Journal

Abstract Forthcoming.


Covenant Of Warranty Student Symposium: Texas Land Titles., Barbara E. Rosenberg Dec 1974

Covenant Of Warranty Student Symposium: Texas Land Titles., Barbara E. Rosenberg

St. Mary's Law Journal

The covenant of warranty runs with the land and is a guarantee by the grantor that title is vested in them and will vest in the grantee upon conveyance. Although the covenant of warranty is an indemnification for failure of title, in Texas it is the broadest of the deed covenants, encompassing the covenant of quiet enjoyment and the covenant against encumbrances. The covenant of warranty requires the grantor to defend title as well as to indemnify for its failure. When there is a warranted title after the conveyance is made, the grantor is estopped to assert this after acquired …


Specific Performance Is Not Automatically Available To The Vendor Of A Condominium Unit., Bobby L. Freeman Sep 1974

Specific Performance Is Not Automatically Available To The Vendor Of A Condominium Unit., Bobby L. Freeman

St. Mary's Law Journal

Abstract Forthcoming.


Equal Protection In Zoning - Restricting Dwelling Use To No More Than Two Unrelated Persons Is Constitutional., John Kenneth Sharber Jun 1974

Equal Protection In Zoning - Restricting Dwelling Use To No More Than Two Unrelated Persons Is Constitutional., John Kenneth Sharber

St. Mary's Law Journal

Abstract Forthcoming.


The Commingling Of Separate And Community Funds: The Requirement Of Tracing In Texas., Charles J. Fitzpatrick Mar 1974

The Commingling Of Separate And Community Funds: The Requirement Of Tracing In Texas., Charles J. Fitzpatrick

St. Mary's Law Journal

The status of specific items of property as separate or community property is a frequent subject of divorce litigation in Texas. Spouses will have unfriendly presumptions in favor of the community estate when separate property funds have been commingled. Rebutting these presumptions requires the spouse to trace the original separate property into the particular assets on hand at the time of the dispute. As Texas case law illustrates, however, tracing can be difficult, and a court’s strict adherence to it can cause harsh and often inequitable results. Although there have been instances of courts allowing less than specific tracing, these …


Compensation For Partial Takings In Texas., A. Chris Heinrichs Mar 1974

Compensation For Partial Takings In Texas., A. Chris Heinrichs

St. Mary's Law Journal

Abstract Forthcoming.