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Articles 301 - 330 of 944
Full-Text Articles in Property Law and Real Estate
Future Interests - Possibilities Of Reverter - Constitutionality Of Retroactive Limitation, Paul A. Heinen S.Ed.
Future Interests - Possibilities Of Reverter - Constitutionality Of Retroactive Limitation, Paul A. Heinen S.Ed.
Michigan Law Review
The township school trustees brought actions under the Reverter Act to have the possibilities of reverter contained in the deeds to two currently unused school tracts declared invalid. In each case the trial court held that the possibility of reverter was alienable and that the Reverter Act was unconstitutional, being an ex post facto law and in violation of the due process clauses of the state and federal Constitutions. On appeal, held, reversed. Since possibilities of reverter in Illinois are merely expectancies subject to change, modification, or abolition by legislative action, the act does not result in an unconstitutional …
Securities - Effect Of Certificate Of Title Acts Of Sales On Encumberd Vehicles To Purchasers In Ordinary Course, Charles G. Williamson, Jr. S.Ed.
Securities - Effect Of Certificate Of Title Acts Of Sales On Encumberd Vehicles To Purchasers In Ordinary Course, Charles G. Williamson, Jr. S.Ed.
Michigan Law Review
The primary purpose of this comment will be to examine the various legislative schemes in use and the bearing of the certificate of title acts on the case of mortgagee v. purchaser in ordinary course.
Conflict Of Laws - Brokerage Contracts - Out-Of-State Broker Denied Commission Because Of Isolated Acts Within Forum, Richard J. Riordan S.Ed.
Conflict Of Laws - Brokerage Contracts - Out-Of-State Broker Denied Commission Because Of Isolated Acts Within Forum, Richard J. Riordan S.Ed.
Michigan Law Review
Plaintiff was a Massachusetts real estate broker, not licensed to do business in New York. Defendants, who resided in New York, owned real estate in Massachusetts and executed a brokerage contract there with the plaintiff. The real estate was leased to a Massachusetts corporation through plaintiff's efforts. All of plaintiff's services, with the exception of several important conferences in New York, were performed in Massachusetts. On plaintiff's suit for unpaid commissions, held, for defendant. The New York brokerage laws prohibit recovery in a New York court by brokers, unlicensed in New York, who perform any brokerage services within the …
The Wills Branch Of The Worthier Title Doctrine, Joseph W. Morris
The Wills Branch Of The Worthier Title Doctrine, Joseph W. Morris
Michigan Law Review
It is the purpose of this article to examine the history and origin of the wills branch of the worthier title doctrine, to ascertain the extent of its application and the manner of its application, to determine the legal consequences flowing therefrom, and to consider the desirability of its continued existence.
Descent And Distribution - Ancestral Property - Exclusion Of Next Of Kin Other Than Half Bloods, George F. Lynch
Descent And Distribution - Ancestral Property - Exclusion Of Next Of Kin Other Than Half Bloods, George F. Lynch
Michigan Law Review
The decedent died intestate owning land which he had inherited from his father. His only next of kin were four blood aunts and uncles on his mother's side, and three blood aunts and uncles on his father's side. The paternal aunts and uncles contended that the land descended to them alone by virtue of a section of the Alabama code, which provides: "There is no distinction made between the whole and the half blood in the same degree, unless the inheritance came to the intestate by descent, devise or gift, from or of some one of his ancestors; in which …
Personal Property - Gifts Causa Mortis - Effect Of Informal Writing Where There Is No Actual Delivery, David L. Nelson
Personal Property - Gifts Causa Mortis - Effect Of Informal Writing Where There Is No Actual Delivery, David L. Nelson
Michigan Law Review
Prior to entering the hospital to undergo a serious operation, the decedent wrote an informal note to her husband telling him where he would find some money, a bank passbook, and a building and loan association stock book, which were hidden in their home. The note stated that this property was his. While the wife was under ether on the operating table, her husband found the note, after being directed to its location by a friend of the wife, and took possession of the items referred to. The wife did not recover consciousness and subsequently died. In an action by …
Real Property - Water Rights - Liability For Discharge Of Surface Water, Robert E. Hammell
Real Property - Water Rights - Liability For Discharge Of Surface Water, Robert E. Hammell
Michigan Law Review
In 1950 the corporate defendants purchased a forty acre tract of farm land lying north of plaintiffs' golf course and restaurant. Drainage from this tract had always flowed in a natural course southerly through plaintiffs' land. The defendant corporations constructed a subdivision of 169 homes on the tract. This change aggravated the discharge of surface water onto the land of the plaintiffs, increasing the run-off some 350 percent and, in times of heavy rains, producing flood conditions. Plaintiffs were awarded damages and an injunction by the trial court. On appeal, held, reversed. In respect to 30 acres of defendants' …
Insurance - Recovery - Land Contract Purchaser Allowed Recovery On Both Vendee's And Vendor's Policies In Excess Of Loss, Jerome K. Walsh, Jr.
Insurance - Recovery - Land Contract Purchaser Allowed Recovery On Both Vendee's And Vendor's Policies In Excess Of Loss, Jerome K. Walsh, Jr.
Michigan Law Review
An owner of realty entered into a contract to sell the land to the plaintiff. The vendor then took out fire insurance on his interest in the amount of $6,000 and the plaintiff obtained a policy covering his interest in the sum of $12,000, with a "three-fourths value" clause. Before performance of the contract and transfer of title, a fire occurred which caused $12,000 damage to the property. After the plaintiff paid the full contract price and took title to the property, he demanded and received an assignment of the claim under the vendor's policy. Plaintiff then brought suit on …
Maritime Lien Priorities: Cross-Currents Of Theory, Roger G. Connor
Maritime Lien Priorities: Cross-Currents Of Theory, Roger G. Connor
Michigan Law Review
The purpose of this article is not to develop a synthesis, for no synthesis is possible, but to give an account of the general theories governing maritime lien priorities, together with a discussion of the concrete issues which arise in their application.
Real Property - The Effect Of Zoning Ordinances On The Law Of Nuisance, Robert B. Fiske, Jr. S.Ed.
Real Property - The Effect Of Zoning Ordinances On The Law Of Nuisance, Robert B. Fiske, Jr. S.Ed.
Michigan Law Review
One of the most interesting and least explored questions in the law of property is the effect of zoning ordinances on the law of nuisance. Particularly interesting is the extent to which statutory authorization by zoning can legalize a use of land which, in the absence of a zoning ordinance, would constitute a nuisance. In order to understand this problem fully it is necessary to begin with a general analysis of the law of nuisance and the various classifications into which it has been divided by the courts.
Future Interests - Restraints On Alienation - Option To Repurchase At A Fixed Price, Edward H. Hoenicke S.Ed.
Future Interests - Restraints On Alienation - Option To Repurchase At A Fixed Price, Edward H. Hoenicke S.Ed.
Michigan Law Review
Shortly after his second marriage in 1925, plaintiff deeded a house and two lots to the parents of his first wife. The grantees, along with the plaintiff, had occupied the premises since the first wife's death. The deed contained a provision that "if the second parties do not wish at any time to use the property as a home, the first parties shall have the first privilege to purchase the above described property at any future time at the price stated in this deed, viz., $4,000." In 1952, after the death of both grantees and when the property was worth …
Taxation - Federal Income Tax - Renting Out A Single Home As A Trade Or Business For Purposes Of Capital Loss Carry-Over, Alice Austin S.Ed.
Taxation - Federal Income Tax - Renting Out A Single Home As A Trade Or Business For Purposes Of Capital Loss Carry-Over, Alice Austin S.Ed.
Michigan Law Review
Taxpayer, who was not in the real estate business and who was involved in only occasional real estate transactions, inherited a house which he rented out until he sold it at a loss. He treated the transaction as a capital loss, taking advantage of the capital loss carry-over provisions of the Internal Revenue Code. Deficiency assessments were levied against the taxpayer upon the theory that the loss sustained upon the sale of the house was an ordinary loss which could not be carried over to later years. Taxpayer paid the deficiency assessment and sued for a refund. The district court …
Mcdermott: Deskbook On Land Titles And Land Law, Allan F. Smith
Mcdermott: Deskbook On Land Titles And Land Law, Allan F. Smith
Michigan Law Review
A Review of Deskbook on Land Titles and Land Law. By Thomas J. McDermott.
Real Property - Recording - Sufficiency Of Description For Notice, Elliott H. Levitas
Real Property - Recording - Sufficiency Of Description For Notice, Elliott H. Levitas
Michigan Law Review
The grantor owned the disputed property in Scurry County, Texas, when he purported to convey to A, by quit-claim deed, properties described as "all the oil, gas and mining leases ... located anywhere within the United States, most of which are located within the states of New Mexico, Kansas, Oklahoma, Louisiana and Texas." This instrument was recorded in Scurry County. Subsequently, the grantor executed a conveyance to B covering the Scurry County interests, and B, in turn, conveyed them to C. C's search of the record did not disclose the prior conveyance to A. In …
Real Property - Elimination Of The Straw Man In The Creation Of Joint Estates In Michigan, Edward H. Hoenicke S.Ed.
Real Property - Elimination Of The Straw Man In The Creation Of Joint Estates In Michigan, Edward H. Hoenicke S.Ed.
Michigan Law Review
That joint ownership is a popular form of holding title to real property is undeniable. A husband and wife are especially likely to consider this form of ownership as "natural" and desirable because it emphasizes the concept of marriage as a partnership and gives both partners control over and ownership in the family property. In addition to these factors, joint ownership is popular because of the right of survivorship which is incident to it. In this feature the layman sees, or thinks he sees, the opportunity to avoid a probate proceeding, the estate tax, and the lawyer's fee. It is …
Limitations Of Actions - Conversion, Irving L. Halpern
Limitations Of Actions - Conversion, Irving L. Halpern
Michigan Law Review
Defendant purchased and went into possession of land in 1944 at which time a logging donkey was upon the land. The donkey had been on defendant's land without having been moved or used since 1942. From 1944 to 1952 defendant made numerous inquiries as to the ownership of the donkey without success. Through various conveyances, beginning in 1946, and without any transfer of possession, plaintiff acquired title to the donkey in 1952. In May 1952, in order to further develop his land, defendant sold the donkey. In a suit by plaintiff for conversion of the donkey, the lower court ruled …
Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle
Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle
Michigan Law Review
Testator's will, executed in 1944, named his wife executrix and sole devisee. One month before his death in 1952 he entered into a detailed separation and property settlement agreement with her in which, though not referring directly to the will, the wife released any present, future or after-acquired interest in the same realty as was devised in the will. The widow's offering of the will for probate was contested by the heirs. The lower court directed a verdict for the contestants on the ground that the agreement operated to revoke the will. On appeal, held, reversed. Since neither a …
Bills And Notes - Holder In Due Course - Notice Of Infirmity In Instrument To Finance Company Closely Connected To Dealer, William G. Cloon, Jr. S.Ed.
Bills And Notes - Holder In Due Course - Notice Of Infirmity In Instrument To Finance Company Closely Connected To Dealer, William G. Cloon, Jr. S.Ed.
Michigan Law Review
The defendant purchased a car from a dealer who represented it to be a new demonstrator. In fact, the car was a used one. The defendant executed a negotiable note for the balance of the purchase price and a chattel mortgage on forms which were furnished the dealer by the plaintiff finance company. The dealer handled the paper, but the plaintiff was to finance the sale and the note was payable at the office of the plaintiff. Both the bill of sale and the chattel mortgage described the car as a new demonstrator. The note was indorsed in blank by …
Boundaries: Description V. Survey, Olin L. Browder, Jr.
Boundaries: Description V. Survey, Olin L. Browder, Jr.
Michigan Law Review
These propositions I first encountered as a student in law school. At that time they struck me as rather startling propositions, which could not be reconciled with other things I had learned about the law of conveyancing. I do not recall exactly how they were disposed of: whether they were to be regarded as the law on the subject or merely as a couple of striking aberrations. There were too many other matters demanding attention at that time to allow much fretting over so small a question. Upon returning to the classroom some years later-but now sitting on the other …
Conflict Of Laws -- Escheat Of Intangible Property To The State Of Situs, John F. Dodge, Jr S.Ed.
Conflict Of Laws -- Escheat Of Intangible Property To The State Of Situs, John F. Dodge, Jr S.Ed.
Michigan Law Review
The intestate died domiciled in California leaving no known heirs or next of kin. In addition to property in California adequate to pay his debts, the deceased left deposits in three New York banks. The domiciliary administrator, acting as ancillary administrator in New York, received the proceeds of the bank accounts, petitioned for judicial settlement, and requested payment of the ancillary estate to himself as domiciliary administrator. Held, the money should be paid to the Comptroller of the State of New York as abandoned property. In re Menschefrend's Estate, 283 App. Div. 463, 128 N.Y.S. (2d) 738 (1954).
Real Property - General Scheme In Enforcement Of Restrictive Covenants, Herbert R. Brown
Real Property - General Scheme In Enforcement Of Restrictive Covenants, Herbert R. Brown
Michigan Law Review
Common grantor filed for record a plat of the subdivision in which defendant and plaintiff both own lots. Plaintiff alleged that the subdivision was restricted. Only three of fifteen subdivision deeds entered for record contained written restrictions, and the subdivision plat which had been filed did not show any restrictions. In an action brought by plaintiff to prevent the defendant from violating the alleged restrictions, held, temporary injunction restraining the defendant granted. The court found a general building scheme of which the defendant had actual notice when he purchased his lot.Womack v. Dean, (Tex. Civ. App. 1954) …
Real Property - Grantor's Covenant To Insert Restrictions In Future Deeds As Personal Covenant, John B. Huck
Real Property - Grantor's Covenant To Insert Restrictions In Future Deeds As Personal Covenant, John B. Huck
Michigan Law Review
Certain farm owners, intending to subdivide the land, conveyed a lot to plaintiff by a deed restricting its use to residence purposes and providing that only single dwellings could be erected. The grantors covenanted to insert the same restrictions in future deeds to the rest of the land. Plaintiff recorded his deed. The grantors subsequently sold another lot to defendant church without inserting a similar restrictive covenant. Plaintiff brought suit to enjoin the erection of the church. On appeal from a decree for defendant, held, affirmed, three judges dissenting. The parties to the first deed, in providing for similar …
Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes
Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes
Michigan Law Review
Plaintiffs were employed to make improvements on defendant's building. While the work was in progress the roof was partially destroyed by £ire through no fault of plaintiffs. Necessary repairs were made without the express consent of the defendant, who was in Europe and who had left no one in charge of the building to act for him. The trial court entered judgment foreclosing a materialman's lien given by statute to "any person who shall, under oral or written contract with the owner of any tract or piece of land, perform labor or furnish material for the . . . repair …
Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright
Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright
Michigan Law Review
Title examiners, and more particularly their clients, have long suffered from a controversy-limited almost exclusively to Michigan- involving the methods by which the United States Treasury Department could perfect general federal tax liens. The December 1952 issue of the Michigan Law Review carried an article by the present writer pointing up the irreconcilable difference which has existed for a quarter of a century between the type of record notice which the Treasury was willing to provide prospective bona fide purchasers et al., and the quite different and more demanding type which the Michigan Legislature insisted upon if the local offices …
The Rule Against Perpetuities And Typical Oil And Gas Leases, David R. Macdonald S.Ed.
The Rule Against Perpetuities And Typical Oil And Gas Leases, David R. Macdonald S.Ed.
Michigan Law Review
This comment is concerned with the examination of various methods of creating future interests in gas and oil and the effect of the rule against perpetuities on these interests.
Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed.
Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed.
Michigan Law Review
It is the purpose of this comment to examine the legal consequences produced when the tranquility of the residential district is disturbed by governmental action.
Real Property - Restrictive Covenants - Termination By Declaratory Judgment, Edward H. Hoenicke
Real Property - Restrictive Covenants - Termination By Declaratory Judgment, Edward H. Hoenicke
Michigan Law Review
Appellant originally owned all of a certain tract of land upon which his home was built. In 1942 he conveyed one lot to the predecessor in title of the appellees, including in the deed a covenant restricting the lot to residential uses. Subsequently he conveyed three other lots carved from the original tract without inserting restrictive covenants in the deeds. The appellees brought suit for a declaratory judgment invalidating the restrictive covenant on their lot, and such judgment was granted. While an appeal from this decree was pending, appellant sold his home to a rural electric co-operative for admittedly commercial …
Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi
Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi
Michigan Law Review
It is the purpose of this comment to examine the skills which courts have developed to avoid inequitable results which might arise from forfeiture of estates, and, further, to attempt to demonstrate that judicial opinion may be in a transitional stage, tending to incorporate into law the equitable doctrine of change of conditions in disposing of cases involving rights of entry and possibilities of reverter.
Real Property - Easements - Right To Take Water From A Pond As Absolute, Exclusive Profit In Gross, Stephen J. Martin S.Ed.
Real Property - Easements - Right To Take Water From A Pond As Absolute, Exclusive Profit In Gross, Stephen J. Martin S.Ed.
Michigan Law Review
One Divine owned a small natural lake and a mill nearby. He dammed the lake, and ran a pipe from it to his mill. At times he sold water after it left the mill to defendant's assignor, who owned a hotel near the mill. In 1919 Divine sold the lake to plaintiff's assignor, reserving to himself the right to dam the lake and draw off water from it, so long as the level stayed between high and low water marks. Then Divine sold the mill lot to defendant's assignor, who closed it down, but continued to take water through the …
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Michigan Law Review
Questions involving the rights, duties, powers, privileges, and immunities of parties to contracts to devise or bequeath are frequently raised prior to the death of the party promising to make the devise or bequest. In essence the problem is one of analyzing the legal relationships existing prior to the date set for performance. An analysis of these relationships is undertaken in this article. Vital questions concerning the formation of such contracts and their enforcement after the promisor's death are considered only when they appear essential to the development of the main theme which concerns the contract's effect prior to the …