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Articles 721 - 750 of 944
Full-Text Articles in Property Law and Real Estate
The Corporation Sole
Michigan Law Review
In the recent case of Reid v. Barry, the Florida court stirred among the bones of common law relics to invoke the aid of the corporation sole doctrine, coming to the conclusion that the Roman Catholic Bishop of St. Augustine was a sole corporation, capable of holding property by succession. The ancient learning on this anomalous but useful corporate entity is to be found in Blackstone, Coke, and Grant ; the few reported cases that have appeared since the days of these commentators have in general confirmed what they said. Maitland in delving into its history said; "An ecclesiastical …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Tort Liability Of A Landlord, Raymond Harrison Harkrider
Tort Liability Of A Landlord, Raymond Harrison Harkrider
Michigan Law Review
The discussion thus far has dealt with the tort liability of a landlord for failing to perform some duty owed by him to persons upon the demised premises. There remains to be considered the tort liability of a landlord who fails to perform some duty owed by him to persons not upon the demised premises. The majority of the people composing this class are users of property adjoining that of the landlord. The cases dealing with the landlord's duties to persons upon the demised premises should always be distinguished from those dealing with his duties to persons using adjoining property. …
Tort Liability Of A Landlord, Raymond Harrison Harkrider
Tort Liability Of A Landlord, Raymond Harrison Harkrider
Michigan Law Review
At Common Law. According to the rules of the common law a landlord is under no legal duty to repair the demised premises during the term unless he expressly agrees to do so. It therefore may be stated, as a general rule, that he is liable neither to the tenant nor to the tenant's invitees for injuries caused by the premises falling into a state of disrepair during the term.
Equity-Bill To Remove Cloud From Title
Equity-Bill To Remove Cloud From Title
Michigan Law Review
Plaintiff who was holder of a long term lease on the land and buildings in Chicago known as the Auditorium found that its plans for rebuilding so as to secure a return commensurate with its investment were seriously interfered with by the defendant lessors who took the position that wrecking the old building would constitute such waste as would work a forfeiture of the lease. The publicity of these claims, made the financial underwriters insist on a settlement of them before advances were made. Under this posture of affairs, the plaintiff filed a bill in the United States District Court …
Liability Of Landowner To Pedestrians-Negligence-Independent Contractor
Liability Of Landowner To Pedestrians-Negligence-Independent Contractor
Michigan Law Review
Two recent cases present interesting situations involving the liability of a landowner for injuries to pedestrians occasioned by falling street signs.
Mortgages-Sale Under Trust Deed Mortgage For Inadequate Price-Effect
Mortgages-Sale Under Trust Deed Mortgage For Inadequate Price-Effect
Michigan Law Review
The defendant, administrator of the estate of the mortgagee, bought the mortgaged property at the foreclosure sale for one thousand dollars. He bought for himself and not for the estate. He sold the property to a third party for three thousand five hundred dollars. The plaintiff mortgagor brought this suit to compel the defendant to account for the two thousand five hundred dollar difference between the price he paid for the property, and the amount he received for it, allowing a credit for the amount still due on the plaintiff's note-two thousand dollars. Held, where, as in this case, …
A Re-Interpretation Of Gee V. Pritchard
A Re-Interpretation Of Gee V. Pritchard
Michigan Law Review
It has been said that the office and jurisdiction of equity unless enlarged by express statute are limited to the protection of rights of property. This doctrine, often repeated, has been so severely criticized and so strained in its application that one is inclined to doubt that it has appreciable vigor at the present time. Yet to borrow the phrase in which a learned writer disposed of another of equity's hoary errors, "though we may observe that the rule is dying, it is unfortunately not yet a corpse; and the difficulty is that no lawyer knows when it will be …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Intoxicating Liquors-Rights Of Innocent Owner Under Statutory Forfeiture Of Automobile
Intoxicating Liquors-Rights Of Innocent Owner Under Statutory Forfeiture Of Automobile
Michigan Law Review
One Harve Townsend pleaded guilty to the charge of transporting intoxicating liquor in an automobile. A statute in South Dakota provided that in such cases the automobile or other vehicle used for such transportation should be forfeited, and, "unless good cause is shown to the contrary by the owner," it should be sold by the sheriff of the county and the funds paid to the county treasurer after the deduction of all expenses. The appellant had a valid chattel mortgage on said automobile, and claimed that it had a prior right to the proceeds of the sale of said automobile …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Contracts-Risk Of Loss Between Vendor And Purchaser In Land Contract
Contracts-Risk Of Loss Between Vendor And Purchaser In Land Contract
Michigan Law Review
Plaintiff entered into a contract to sell his grocery business to the defendant for a specified amount, part payment to be by way of the conveyance of a house and lot owned by the defendant, the title to pass upon payment by the plaintiff of certain outstanding debts of the grocery business. Subsequent to the execution of the contract, but before conveyance of the house and lot and while the defendant was still in possession, the house was destroyed by fire and the plaintiff sues to have $2,500 substituted, that amount being the agreed valuation at which the property was …
Insurance-Effect Of Mortgage Foreclosure Clause
Insurance-Effect Of Mortgage Foreclosure Clause
Michigan Law Review
Plaintiff, the mortgagee, applied for insurance on the mortgaged property in his own name and only consented to the policy being made in the name of the mortgagor with "loss-payable" rider in his favor upon representation of the insurance agent that it was the only form of policy the company used and would accomplish the same result. In the body of the policy there was a clause rendering the policy void upon foreclosure of the mortgage. At the time of issuance of the policy, the debt was overdue and the insurance company had knowledge of this fact. Held, the …
Trusts-When Agent May Purchase Or Lease For Himself
Trusts-When Agent May Purchase Or Lease For Himself
Michigan Law Review
A recent Michigan case has suggested the question: When and under what circumstances may an agent or other fiduciary purchase or lease property for himself, and when will he be decreed a trustee thereof? In this case A owned real estate in Detroit. P and his partners, subtenants, made an offer for a long term lease through D, who appears to have been a special agent with the sole duty of presenting the offer. It was rejected, finally and absolutely, without fraud or collusion on the part of D. Almost immediately D made an offer on his own behalf which …
Boundaries On Highways
Michigan Law Review
When the subject matter of a conveyance is sought to be identified by reference to boundaries indicated by monuments of appreciable width, inevitably the question arises as to the particular part of the monument which is to control. It is agreed that prima facie the center point or line is to be taken. There is in this rule the practical value of ascertainable certainty; besides, it has, an inherent reasonableness that commends it. The rule, however, should not be applied when a result would be produced that would not accord with what other considerations show pretty clearly must have been …
Redemption From Foreclosure Sale--The Uniform Mortgage Act, Edgar Noble Durfee, Delmar W. Doddridge
Redemption From Foreclosure Sale--The Uniform Mortgage Act, Edgar Noble Durfee, Delmar W. Doddridge
Michigan Law Review
If it be objected that our proposal is wholly novel and that it is the function of the Uniform Act merely to codify existing law, changing it only in so far as is necessary to remove conflicting rules, we would answer that codification in a strict sense is impossible in a field which presents so many conflicting views as that before us. We also believe that the objection is less forceful when the existing law is wholly statutory and half our states have no such law. And we understand that the commissioners have more and more abandoned the strict ideal …
The Remedies Of A Landlord Against A Subtenant
The Remedies Of A Landlord Against A Subtenant
Michigan Law Review
As against the assignee of the lessee the landlord at common law has practically the same remedies that he had against the original lessee. He can distrain on goods found on the leased premises, to secure rent which is in arrears, 2 TIFFANY, LANDLORD AND TENNANT, § 328; and he has the right to re-enter on breach of expressed condition. 2 TIFFANY, LANDLORD AND TENANT, § 194h. As there is privity of estate between the parties, the landlord can recover for breaches of those covenants in the lease, which run with the land. These primarily are those which touch and …
Torts-Use Of Force To Expel Trespassers-Defences
Torts-Use Of Force To Expel Trespassers-Defences
Michigan Law Review
One of the most elementary and fundamental principles of the law of torts is that one in the lawful possession of premises may remove trespassers therefrom, using therefor so much force as is reasonably necessary. This is but a correlative of the right of an owner to have the free and undisturbed possession of his premises. The enunciation of this universally accepted rule furnishes a starting point, or basis, for an answer to the query, what is reasonable force? There can be no doubt as to the owner's liability for excessive or unreasonable force employed in ejecting a trespasser. Emmons …
The Rights Of The Landlord Upon Abandonment Of The Premises By The Tenant, Charles T. Mccormick
The Rights Of The Landlord Upon Abandonment Of The Premises By The Tenant, Charles T. Mccormick
Michigan Law Review
The situation which presents itself to the landowner when the tenant defaults in his rent and withdraws from the premises, if the condition has not been foreseen and adequately provided for in the lease contract, may give rise to some perplexities. In the absence of a contract or a statute entitling him to do so, the landlord has no power to terminate the lease for non-payment of rent ; frequently, however, there is a possibility that the defaulting tenant may be financially able to respond for the rent or for such loss as the landlord may sustain for the remainder …
Property Rights In Church Pews
Property Rights In Church Pews
Michigan Law Review
A recent Pennsylvania decision, Zernosky v. Kluchinsky (Pa. 1923) 122 Atl. 262, lays down the rule that where the trustees of a church rent a pew to a parishioner without the consent of the priest in charge, when such consent is required by the ecclesiastical law, the transaction is of no effect and the ecclesiastical law will be followed by the court. This is the general rule as applied to conditions attached to the renting of pews, Atty. Gen. v. Meetinghouse, 3 Gray (Mass.) 1; French v. The Old South Society, 100 Mass. 479, but the interesting point …
Aliens-Right To Own Or Lease Land-Effect Of "Equal Protection" Clause
Aliens-Right To Own Or Lease Land-Effect Of "Equal Protection" Clause
Michigan Law Review
Right of alien residents under the "equal protection" clause of- the federal Constitution received further delimitation in the Alien Land Law Cases, decisions handed down last November. Terrace v. Thompson (U. S. 1923), Adv. Ops. 35, and Porterfield v. Webb, Adv. Ops. 42. In the former case the court was concerned with a Washington statute passed to enforce a provision in the Washington constitution that forbade the ownership of land by any aliens other than those who had in good faith declared their intention to become citizens. The California statute in the second case differed chiefly in limiting its …
Real Property-Alienation-Limitation
Real Property-Alienation-Limitation
Michigan Law Review
In the field of property as in that of personal rights (including contract) we still encounter occasionally the specter of certain supposedly absolute rights. The courts have had to declare often enough that the owner's rights of use are limited by the like rights of other owners, by considerations of public policy, public convenience, etc.; it is not so often that a court deals explicitly with the limitations upon an owner's power of disposing and leasing his property. In Terrace v. Thompson, recently decided by the United States Supreme Court (Nov. 12, 1923) it was urged by a United …
Statutory Regulation Of Railway Equipment Agreements, Kenneth Duncan
Statutory Regulation Of Railway Equipment Agreements, Kenneth Duncan
Michigan Law Review
Form of Equipment Contracts. A large part of the rolling stock and equipment obtained by railroads in the United States and Canada is financed through the issue of equipment obligations. At the present time, approximately three-quarters of a billion dollars, par value, of these securities are outstanding, and they have come to constitute about six per cent. of the aggregate funded debt of railroads. Yet in spite of their large and growing importance, they are probably not as well understood as other common forms of corporate securities, and it is doubtful if many lawyers are fully cognizant of the …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Artisans' Liens Competing With Claims Of Conditional Sale Vendor Or Chattel Mortgagee
Artisans' Liens Competing With Claims Of Conditional Sale Vendor Or Chattel Mortgagee
Michigan Law Review
The privilege of the artisan or materialman who has performed services or furnished materials in respect of a chattel in his possession to withhold such possession until paid the amount of his charges may be an effective security. Likewise, a chattel mortgagee or conditional vendor may be quite secure. But when a mortgagor or conditional vendee in possession has bailed the chattel to one whose services entitle him, either under the common law or a statute, to a lien for his charges therefor, there are plenty of chances for trouble. Liens being an invasion upon or subtraction from the totality …
Deeds--By And To Infants--Effecti Of Disaffirmance
Deeds--By And To Infants--Effecti Of Disaffirmance
Michigan Law Review
The disaffirmance of a contract made by an infant nullifies it and renders it void ab initio; and the parties are returned to the same condition as if the contract had never been made. Grissom v. Beidleman, 35 Okla. 343. This states the general rule both as to executed and executory contracts, and is particularly applicable to transfers of personal property. WILLISTON, CONTRACTS, § 237; PAGE, CONTRACTS, ed. 2, § 1622. Does this principle apply also to conveyances of real property? Does disaffirmance of a deed by or to an infant ipso facto nullify it and revest the …
Landowner V. Intruder; Intruder V. Landowner. Basis Of Responsibility In Tort., Leon Green
Landowner V. Intruder; Intruder V. Landowner. Basis Of Responsibility In Tort., Leon Green
Michigan Law Review
The struggle of the concept of moral blameworthiness to supplant the primitive notion that a person acts at his peril as a basis of responsibility in the field of tort touches every nook and cranny of the common law. The necessity of making use of the same procedure by which the older concept was developed has proved a great hindrance in the way of a quick and complete conquest by the notion of responsibility based upon fault. Negligence cannot yet claim a complete mastery over trespass in the field of unintended violent harms. Nevertheless, in so far as a change …
Constitutional Law--Police Power, Regulation, And Confiscation
Constitutional Law--Police Power, Regulation, And Confiscation
Michigan Law Review
Whether the power be taken away directly, or be deadened and atrophied in its action by adverse criticism and demagogic clamor, when the judiciary no longer feel at liberty to construe the provisions of the fundamental Law 'in the light of reason,' constitutional government, in the sense in which it has been understood for a century and a half, will be at an end, and the doctrine of the police power will have been swallowed up in the capacious maw of unrestrained democracy." 27 HARV. L. REV. 316. Mr. Wickersham penned this warning during the period when the swell of …
The Law Of Property Act, 1922, Joseph Warren
The Law Of Property Act, 1922, Joseph Warren
Michigan Law Review
The English law of property legislation, which has been pending for over two years, was passed June 29 last. It will take effect January 1, 1925. For a century the reform of the law of real property has been a burning question in England-far more so than with us. Judges, lawyers, solicitors, conveyancing experts have all taken an active part. Learned societies have spoken through committees and royal commissions have reported. Piece by piece many of the antiquities have been abolished. But no reform is as far-reaching as the present act. In January, 1919, the Acquisition and Valuation of Land …
Rights Of Finders, Ralph W. Aigler
Rights Of Finders, Ralph W. Aigler
Articles
Much of the confusion and uncertainty in the law regarding the topic indicated above is due to a failure to distinguish between several types of situations and to appreciate the applicability of certain fundamental principles. The words "lost" and "find" are used in such widely varying senses that the all too common method of reaching a conclusion by first applying a name to a thing or situation has in this particular field led to special difficulty.