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University of Michigan Law School

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Articles 361 - 390 of 944

Full-Text Articles in Property Law and Real Estate

Retroactive Legislation Affecting Interests In Land, John Scurlock Jan 1953

Retroactive Legislation Affecting Interests In Land, John Scurlock

Michigan Legal Studies Series

Professor Scurlock's monograph covers an area of the law which is commonly by-passed in treatises and in classroom instruction. If we could merely tear Maitland's "seamless web" of the law and retain all the shreds, no part of the legal system would escape us. What we actually do, however, is to set up, in a more or less arbitrary fashion, numerous centers of legal classification, such as contracts, torts, property and constitutional law, to which closely related legal materials are attracted as to a magnet. But those legal materials which stand midway between two centers of attraction are likely to …

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Title Examinations As Affected By The Federal Gift And Estate Tax Liens, L. Hart Wright Jan 1953

Title Examinations As Affected By The Federal Gift And Estate Tax Liens, L. Hart Wright

Michigan Law Review

The Treasury Department may look to either of two security devices to protect its rights with respect to federal gift and estate taxes. The most sweeping of these devices-the general federal tax lien, a discussion of which appeared in the last issue of this Review, has been complemented in the case of each of these taxes by special liens, presumably designed to meet what apparently were considered peculiar needs. It is with the impact of these special liens on the work of title examiners that this article is concerned.

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Municipal Corporations--Annexation-Violation Of Due Process, Joseph M. Kortenhof S.Ed. Jan 1953

Municipal Corporations--Annexation-Violation Of Due Process, Joseph M. Kortenhof S.Ed.

Michigan Law Review

The City of Silver Grove brought a proceeding to incorporate within its boundaries a parcel of defendant railroad's land under a general law of annexation. It was shown that the land sought to be annexed contained nothing but switchyards, roundhouses, refrigeration plants and other facilities designed exclusively for railroad purposes. It was further shown that the city could make no use of the land nor could it benefit the land in any way since the railroad had complete electrical, sanitation and police facilities. Defendant railroad entered a remonstrance to which the city generally demurred. The trial court sustained the demurrer. …

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Equity-Specific Performance-Decrease In Money Value Subsequent To The Inception Of An Option Contract Is Not Hardship, Harry T. Baumann S. Ed. Nov 1952

Equity-Specific Performance-Decrease In Money Value Subsequent To The Inception Of An Option Contract Is Not Hardship, Harry T. Baumann S. Ed.

Michigan Law Review

ln 1940 defendant leased his property to the plaintiff for ten years with an option to purchase for $25,000 at any time within the term of the lease. One month before the lease expired, the plaintiff gave defendant notice of his election to exercise the option. Defendant claimed that, subsequent to exercise of the option, a fair bid of $35,000 had been made by a third party and, therefore, he was not required to convey. In an action for specific performance, the trial court held that the subsequent bid was of no effect under the contract, and the plaintiff was …

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Torts-Assault And Battery-Use Of Traps To Protect Property From Felonious Taking, Charles E. Oldfather S. Ed. Nov 1952

Torts-Assault And Battery-Use Of Traps To Protect Property From Felonious Taking, Charles E. Oldfather S. Ed.

Michigan Law Review

Plaintiff brought an action for personal injuries. Defendant planted two sticks of dynamite in the floor beneath the door of his mining warehouse in order to prevent repeated thefts of personal property from the building. The dynamite was rigged to explode when the door was opened. Plaintiff, with the intent of stealing whatever he could, broke the lock, opened the door, and from the ensuing explosion received leg and foot injuries. Plaintiff's act was a statutory felony. Defendant testified that he in good faith thought that the amount of dynamite used would merely frighten the plaintiff. Trial court held the …

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Real Property-Tenancy By Entireties-Creation By Deed From Husband To Husband And Wife, Richard P. Matsch S. Ed. Nov 1952

Real Property-Tenancy By Entireties-Creation By Deed From Husband To Husband And Wife, Richard P. Matsch S. Ed.

Michigan Law Review

H owned real estate in fee simple. His wife, W, joined with him in a warranty deed conveying the land to themselves with the expressed intention of creating a tenancy by entireties. H died and his heirs challenged W's right to take the fee by survivorship. The trial court held that a tenancy by entireties had been created and the wife properly took the fee. On appeal, held, affirmed, one judge dissenting. An Arkansas statute providing that a married man may convey "the interest specified in the deed" directly to his wife permits a husband, already owner …

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Restraints On Alienation Of Legal Interests In Michigan Property: Iii, William F. Fratcher May 1952

Restraints On Alienation Of Legal Interests In Michigan Property: Iii, William F. Fratcher

Michigan Law Review

In England the impossibility of inter vivos creation of interests in expectancy in chattels and the unsuitability for the purpose of the devices of bailment and contract have tended to restrict attempts to restrain the alienation of chattels to the trust device and provisions in wills for forfeiture on alienation. The trust device involves equitable interests, which are beyond the scope of this study. In connection with a bequest of the use and occupation of chattels for life or a term of years the English courts would probably sustain the validity of a provision for forfeiture on alienation by way …

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Real Property-Licenses-Revocability Of Parol Licenses Which Have Been Acted Upon, Charles E. Oldfather May 1952

Real Property-Licenses-Revocability Of Parol Licenses Which Have Been Acted Upon, Charles E. Oldfather

Michigan Law Review

Plaintiff, operator of a boat company, owned land adjoining a river. X held land between that of the plaintiff and a county road. Plaintiff, seeking to secure a way from his property to the county road, offered by letter to purchase forty acres from X, and upon refusal, attempted to buy a forty foot strip, which was again refused. There was further correspondence, in which the parties referred to an "easement" or a "right of way," which terminated in a letter from X saying: ''From the standpoint of this company, there will be no objection to you building a …

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Conflict Of Laws-Property-Law Governing Mortgage Deficiency Judgments, William O. Allen S.Ed. May 1952

Conflict Of Laws-Property-Law Governing Mortgage Deficiency Judgments, William O. Allen S.Ed.

Michigan Law Review

Defendant, a Michigan corporation, became a guarantor on a mortgage of land located in Alabama. Both the mortgage and underlying note were executed in Alabama and the note was payable there. Upon default, mortgagee, acting under a power of sale, foreclosed the mortgage and became the purchaser at the sale, which was duly conducted according to Alabama law. Mortgagee then brought this action in the federal district court for Michigan to recover the deficiency remaining due after foreclosure. Defendant claimed that the fair market value of the mortgaged property exceeded the balance due on the mortgage debt, and that under …

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Real Property-Landlord And Tenant-Transfer By Lessee As Sublease, Not Assignment, John S. Slavens Apr 1952

Real Property-Landlord And Tenant-Transfer By Lessee As Sublease, Not Assignment, John S. Slavens

Michigan Law Review

X leased lands to plaintiff for a term of years, with a provision that if property truces were assessed against the property in excess of a certain amount, plaintiff would pay X a certain proportion of the excess amount as additional rent. Plaintiff then transferred his remaining term to defendant "subject to the terms" of the overlying lease. In addition, the sublease provided for a right to cancel the sublease if defendant failed to restore in case of fire or in the event of taking by eminent domain. Subsequent to the sublease, the tax assessments exceeded the amount stipulated in …

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Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher Mar 1952

Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher

Michigan Law Review

During the century and a half which followed the Norman Conquest, the owner of land who attempted to transfer it might meet with opposition from three interested parties, his feudal overlord, his heir apparent and his tenant. His feudal overlord might object to a transfer by way of substitution, that is, one under the terms of which the transferor did not retain a reversion; because the proposed transferee was not a suitable person to perform the feudal services due for the land. As these services were frequently of a personal or military nature such an objection was not necessarily captious. …

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Real Property-Notice-Recitals In Unrecorded Deeds In Chain Of Title, James S. Taylor Mar 1952

Real Property-Notice-Recitals In Unrecorded Deeds In Chain Of Title, James S. Taylor

Michigan Law Review

The plaintiff, Eiring, owner of all rights in a tract of land, attempted to convey certain mineral rights to Earnest by deed. The alleged rights passed from Earnest by subsequent mesne conveyances to McMillan, and, on the death of McMillan, to the defendant as trustee. Eiring brought an action against the defendant in statutory trespass to try title to the land. In the deed from Eiring to Earnest blank spaces were left in the granting clause. Held, the blank spaces rendered the deed void, and the deficiency was not cured by reference to another indefinite deed. After holding this, …

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Real Property-Prescription-Reciprocal Easements In Mutual Driveway, David W. Rowlinson S.Ed. Mar 1952

Real Property-Prescription-Reciprocal Easements In Mutual Driveway, David W. Rowlinson S.Ed.

Michigan Law Review

Plaintiffs brought this suit in equity to establish their right to an alleged easement acquired by prescription in a joint driveway on the lot line separating their lot from defendants' lot and for injunctive relief restraining defendants from interfering with their use of the driveway. The husband of the common grantor of these lots had erected a house on each lot in 1924 and had constructed a driveway over the eight feet of land between the houses, half of the driveway being on each lot. Each lot was thirty-one feet wide and each had a garage in the rear, defendants' …

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Negligence-Duty Of Care-Duty Of Possessor Of Land Conducting Activities Thereon To Keep A Lookout For Licensees, Duncan Noble Feb 1952

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 …

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Real Property-Easements-Implied Grant Of Right Of Way, James B. Wilson Feb 1952

Real Property-Easements-Implied Grant Of Right Of Way, James B. Wilson

Michigan Law Review

Plaintiffs claimed an easement by implied grant in a driveway situated wholly on defendants' land, but directly adjoining the land of plaintiffs. The driveway had been constructed at a time when both pieces of property were owned by X. X had conveyed part of the land to plaintiffs' remote grantor, and three months later had conveyed the adjoining portion, including the driveway, to defendants' remote grantor. The driveway had fallen into disrepair and at the time of the action was in such a depreciated state as to be practically useless. On the opposite side of plaintiffs' house there was …

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Civil Procedure-Judgments-Collateral Attack On Decree Of Distribution Of A Probate Court, David W. Rowlinson Jan 1952

Civil Procedure-Judgments-Collateral Attack On Decree Of Distribution Of A Probate Court, David W. Rowlinson

Michigan Law Review

Testator's will devised a tract of land to his three nieces and directed that the nieces should not sell or dispose of the land for twenty years after his death. This provision was incorporated in the decree of the probate court distributing the land to the three nieces. After the decree of distribution had become final, one of the nieces brought the present action for partition. Over the objection that the decree was conclusive and forbade this type of alienation, the trial court ordered partition. On appeal, held, affirmed. The condition restraining alienation for twenty years is forbidden by …

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Property-Mechanics' Lien-Validity Against Non-Contracting Co-Owner, Howard Van Antwerp S.Ed. Jan 1952

Property-Mechanics' Lien-Validity Against Non-Contracting Co-Owner, Howard Van Antwerp S.Ed.

Michigan Law Review

A and B were tenants in common of a tract of land. Plaintiff contracted with A to build a house thereon, B not being a party. Plaintiff sued A and B to enforce a mechanics' lien for money due on the contract, and was successful against both in the lower court. On appeal, held, reversed. Only A, who contracted to have the house built, was subject to a mechanics' lien. Dente v. Bullis, (Md. 1950) 76 A. (2d) 158.

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Real Property--Adverse Possession--What Constitutes Adverse Possession Of Land Used Periodically, George D. Miller Jr. Jan 1952

Real Property--Adverse Possession--What Constitutes Adverse Possession Of Land Used Periodically, George D. Miller Jr.

Michigan Law Review

Plaintiff in an ejectment action claimed under a chain of title tracing back to a government patent. Defendants asserted title in themselves by adverse possession. The land in question was wild, undeveloped, and not suitable for farming, but was desirable for hunting and fishing, for which purpose the defendants had used the premises every year since their entry. In 1926 some of the defendants built a cabin on the land, and replaced it in 1932 by the present one, which they built on a cement foundation, painted, and planted grass around. They also erected a sign at the crossroads bearing …

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Constitutionality Of Marketable Title Acts, Ralph W. Aigler Dec 1951

Constitutionality Of Marketable Title Acts, Ralph W. Aigler

Michigan Law Review

In recent years several states in that part of the United States commonly identified as the "Middle West" have enacted comprehensive legislation that is hoped will simplify land title transactions. These statutes, though varying in detail, have a common objective-the extinguishment in favor of certain persons of claims against, and interests in, land, which claims and interests arose out of events and transactions that occurred many years ago, unless such claims or interests have been preserved by the recording of a preserving notice within that period of time. A comparatively short period is prescribed for such recording as to old …

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Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed. Nov 1951

Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed.

Michigan Law Review

A declaratory judgment proceeding was brought by persons owning property within a small-unit residential zone to determine the validity of a rezoning amendment relaxing the restrictions upon one block located ·within the zone. The change was designed to allow the construction of large apartment houses, containing some inside commercial establishments, in an area formerly restricted to family units of less than seven apartments. The entire area, with the exception of the island created by the rezoned block, was restricted to the smaller types of residential units, and was predominantly made up of single family residences. On appeal from a judgment …

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Wills-Discovery Of Will Following Adjudication Of Intestacy-Rights Of Intervening Purchasers, Patrick J. Ledwidge May 1951

Wills-Discovery Of Will Following Adjudication Of Intestacy-Rights Of Intervening Purchasers, Patrick J. Ledwidge

Michigan Law Review

At the time of his death in 1945, decedent was the owner of the real estate in question. His estate was administered in the belief that he had died intestate, and the administrator was discharged in August 1946. Thereafter, the property was conveyed by decedent's heirs to buyer, and by buyer in February 1947, to the defendant, a bona fide purchaser. Subsequently, decedent's will was discovered and admitted to probate in December 1947. By the terms of the will, the plaintiff was entitled to a one-half interest in the land. Plaintiff's complaint, asking partition of the land, was dismissed by …

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Landlord And Tenant-Liability Of Landlord To Persons On The Premises-Breach Of Covenant To Repair, Thomas P. Segerson May 1951

Landlord And Tenant-Liability Of Landlord To Persons On The Premises-Breach Of Covenant To Repair, Thomas P. Segerson

Michigan Law Review

Plaintiff, a carpenter, hired by tenant, suffered personal injuries in a fall caused by a defective railing on the rear porch of premises leased by defendant to tenant. By the terms of the lease, tenant was given exclusive possession of the premises, while defendant agreed to keep the rear porch in repair. Defendant had failed to repair the railing on being notified of its defective condition. From a judgment holding defendant liable to plaintiff for the injuries sustained; defendant appealed. Held, reversed. In the absence of control of the premises, a lessor is not liable in tort for personal …

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Landlord And Tenant-Liability Of Landlord To Persons On The Premises-The "Concealed Defects" Exception, Robert S. Griggs May 1951

Landlord And Tenant-Liability Of Landlord To Persons On The Premises-The "Concealed Defects" Exception, Robert S. Griggs

Michigan Law Review

Plaintiff sought to recover for injuries suffered in consequence of the defective condition of a stairway in the manufacturing plant leased by her employer from defendant. The stairway was in the sole control of the tenant at the time of the injury; the lease stipulated that no warranty was made as to the condition of the premises; and the sole obligation to repair was borne by the tenant. Liability was claimed, however, upon the contention that the stairway had been in dangerous condition at the time of the letting. It was apparently little used, and plaintiff had used it only …

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Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed. Apr 1951

Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed.

Michigan Law Review

The plaintiff, wishing to subdivide its land fronting on Long Island Sound, submitted its plan to the town planning and zoning board whose approval was required by ordinance before land could be subdivided and sold. The board rejected plaintiff's plan as not in conformance with a preliminary town plan, adopted in 1936 pursuant to a state statute, providing for the prospective construction of a road along the shore of the sound. The plaintiff appealed to the board of zoning appeals, which affirmed the decision of the town planning and zoning board. On appeal to the Supreme Court of Errors of …

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Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed. Apr 1951

Real Property-Validity Of Regulations Or Conditions Imposed Upon Subdivision Planning, Alan C. Boyd S. Ed.

Michigan Law Review

The plaintiff, wishing to subdivide its land fronting on Long Island Sound, submitted its plan to the town planning and zoning board whose approval was required by ordinance before land could be subdivided and sold. The board rejected plaintiff's plan as not in conformance with a preliminary town plan, adopted in 1936 pursuant to a state statute, providing for the prospective construction of a road along the shore of the sound. The plaintiff appealed to the board of zoning appeals, which affirmed the decision of the town planning and zoning board. On appeal to the Supreme Court of Errors of …

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Future Interests-Contingent Remainders-Destructibility By Merger, Douglass L. Mann S. Ed. Mar 1951

Future Interests-Contingent Remainders-Destructibility By Merger, Douglass L. Mann S. Ed.

Michigan Law Review

X conveyed land to A for life, remainder to the heirs of A's body. Thereafter, X granted the same land by quit-claim deed to A in fee simple, without any conditions or restrictions whatever. The lower court upheld A's claim to an absolute fee in the property. On appeal, held, reversed. A holds a life estate and the reversion, but the remainder, though contingent, is not defeated. Whitten v. Whitten, (Okla. 1950) 219 P. (2d) 228.

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Future Interests-Power Of Remainderman To Compel Partition Of Future Interests, Nancy J. Ringland S. Ed. Mar 1951

Future Interests-Power Of Remainderman To Compel Partition Of Future Interests, Nancy J. Ringland S. Ed.

Michigan Law Review

A remainderman in fee of an undivided interest in real estate brought a suit to compel partition of the remainder. The whole of the premises was subject to a life estate, but the life tenant made no objection to this action. The applicable Nebraska statute provided that "all tenants in common, or joint tenants of any estate in land may be compelled to make or suffer partition of such estate or estates in the manner hereinafter prescribed." Demurrers to the petition were sustained on the ground that an estate in remainder could not be the subject of involuntary or compulsory …

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Agency-Election To Sue Undisclosed Principal Or Agent, Alan C. Boyd S. Ed. Jan 1951

Agency-Election To Sue Undisclosed Principal Or Agent, Alan C. Boyd S. Ed.

Michigan Law Review

Plaintiff brought action against a principal and his agent to foreclose a mechanic's lien on the principal's real property, alleging that he had expended labor and materials in the improvement of the principal's land pursuant to a contract between himself and the agent. Though plaintiff joined the agent as a party defendant, he did not pray for relief against him. Both defendants moved to dismiss the action. Held, action dismissed as to the agent. Whether or not the principal was disclosed at the time the contract arose, the action was properly dismissed as against the agent. If the principal …

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Judgments-Collateral Attack-Insufficiency Of The Cause Of Action As A Basis For Denying Jurisdiction Of A Court Rendering A Default Judgment, Lloyd J. Tyler, Jr. Jan 1951

Judgments-Collateral Attack-Insufficiency Of The Cause Of Action As A Basis For Denying Jurisdiction Of A Court Rendering A Default Judgment, Lloyd J. Tyler, Jr.

Michigan Law Review

In a previous action, A, as assignee of a conditional sales contract, sought to recover the property when the purchase price was not paid. Defendant counterclaimed for damages because of alleged fraud of the assignor in making the sale. On appeal, the Montana Supreme Court held that defendant could not have an affirmative judgment on the counterclaim, but could use his claim as recoupment only. On remand, A's attorney moved for continuance until his client could secure a new attorney. The motion was denied, and on the day set for trial A was not represented. As a consequence, …

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Negligence-Liability Of Landlord For Injuries To Persons On The Premises, John A. Hellstrom S. Ed. Jan 1951

Negligence-Liability Of Landlord For Injuries To Persons On The Premises, John A. Hellstrom S. Ed.

Michigan Law Review

Plaintiff, an invitee, sued for injuries caused by the fall of plaster from the ceiling of a tavern operated by a tenant in a building owned by defendant. Held, the rule whereby a lessor of premises leased for a public use is liable to an invitee of his tenant is inapplicable. Warner v. Fry, (Mo. 1950) 228 S.W. (2d) 729.

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