Open Access. Powered by Scholars. Published by Universities.®

Property Law and Real Estate Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Michigan Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 841 - 870 of 944

Full-Text Articles in Property Law and Real Estate

Possession Under Mistake As Adverse Possession, Ralph W. Aigler Jan 1912

Possession Under Mistake As Adverse Possession, Ralph W. Aigler

Articles

In Wissinger v. Reed et al., 125 Pac. lO3O (Aug. 24, 1912) the Supreme Court of Washington held that actual possession of land for the statutory period would confer title upon the occupant, although the possession was under a mistaken belief of ownership. While the doctrine that title to real property may be acquired by adverse possession has been firmly established in English and American law for a great many years, no little difficulty and confusion have arisen in determining what possession is adverse, especially where the actual possession upon which the claim of title is based has been under …


The Running With The Land Of Agreements To Pay For A Portion Of The Cost Of Party Walls, Ralph W. Aigler Jan 1912

The Running With The Land Of Agreements To Pay For A Portion Of The Cost Of Party Walls, Ralph W. Aigler

Articles

Owners of adjoining properties, especially in cities, frequently find it advisable and advantageous to enter into arrangements whereby their buildings shall be supported by a common wall. These arrangements are ordinarily evidenced by party-wall agreements or covenants, so-called, out of which have grown a number of interesting questions. It not infrequently happens that when one owner desires to build such a wall his neighbor, for one reason or another, is not ready to join in the undertaking, so an agreement is entered into between the two adjoining owners whereby one agrees to proceed with the erection of the wall at …


The Doctrine Of Survivorship And The Definition Of A Vested Remainder, Henry W. Webber Nov 1911

The Doctrine Of Survivorship And The Definition Of A Vested Remainder, Henry W. Webber

Michigan Law Review

Here probably is not a more cited case in the law of survivorships than the leading case of Moore v. Lyons, which, in 1840, firmly laid down the rule of construction that words of survivorship prima facie refer to death in the lifetime of the testator, rather than to death in the lifetime of the life-tenant. In a devise, therefore, to one for life, and from and after his death to two others (naming them), or to the survivor of them, the remainderman takes a vested interest at the death of the testator even though one of them predeceased the …


Recent Important Decisions, Michigan Law Review Nov 1911

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, Michigan Law Review Jun 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Power of Notary Public to Take Affidavit Where He is an Attorney for One of the Parties; Bankruptcy--Effect of Discharge--Res Adjudicate; Bills and Notes--Presentment and Demand by Telephone; Constitutional Law--Commerce--State Regulation of Interstate Telegrams; Constitutional Law--community Property--Alienation Without Consent of Wife; Corporations--Criminal Responsibility--Imputation of Intent and Knowledge; Corporations--Dividends--Compulsory Declaration; Corporations--Stockholder's Right to Examine Books--Motive; Easements--Grants for Pipe Lines--Rights Acquired--Telephone Line; Evidence--Character of Disbarment Proceedings--Use of Deposition; Evidence--Uncorroborated Testimony of an Accomplice; Fraudulent Conveyances--Voluntary Conveyances--Solvency and Insolvency of Grantor; Homestead--When Liable for Debts; Husband and Wife--Exception to Presumption of Coercion--House of Ill Fame; Injunction--Action on Note by Attorney Against Client--Remedy at …


Note And Comment, Edson R. Sunderland, William W. Montgomery, H. Stanley Mccall, Charles L. Cunningham Jun 1911

Note And Comment, Edson R. Sunderland, William W. Montgomery, H. Stanley Mccall, Charles L. Cunningham

Michigan Law Review

The Passing of State Control over Railway Rates; Constitutionality of the New York Workmen's Compensation Act; Must a Passenger Go on the Same Train with His Baggage?; Implied Reservation of Easements; Extent of the City's Right, Under the Power of Eminent Domain, to Exemption from Liability for Consequential Damages Under the Rule of Damnum Absque Injuria;


Note And Comment, John C. Murray, Arthur J. Abbott, Allen Mck. Bond, Charles L. Cunningham, Leon F. Minor Apr 1911

Note And Comment, John C. Murray, Arthur J. Abbott, Allen Mck. Bond, Charles L. Cunningham, Leon F. Minor

Michigan Law Review

Unliquidated Tort Claims as Provable Debts in Bankruptcy; May a State, in the Exercise of its Police Power, Regulate Insurace Rates?; Interest upon Legacies which are not Payable Until Legatee Attains Certain Age; Validity of a Classification of Banks Based Upon the Amount of Their Average Annual Deposits


Recent Important Decisions, Michigan Law Review Apr 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Conflicting Attachments; Bills and Notes--Liability of Assignee of Bill of Lading, Attached to Draft, to Consignee for Defects in the Goods; Bills and Notes--Reformation in Equity to Bind Signer of Separate Communication; Carriers--Rights of Bona Fide Assignee of a Bill of Lading; Chattel Mortgages--Sufficiency of Description as to Third Parties; Constitutional Law--Impairing Contract Obligations--Inheritance Tax--Community Property; Contributory Negligence--Negligence Imputed to Passenger; Damages--Personal injuries--Predisposition to Disease; Discovery and Inspection of Burried Human Body; Evidence--Presumptions--Law of Another State; Husband and Wife--Consortium--Is Husband's Right Impaired by Purely Physical Injury to Wife?; Insurance--Interst of Beneficiary--Prior Death; Insurance--Statements Made by Applicant--How Construed; Judgment--Collateral Attack Based …


Note And Comment, Clarence E. Eldridge, Ben H. Dewey, Mckee Robison Jan 1911

Note And Comment, Clarence E. Eldridge, Ben H. Dewey, Mckee Robison

Michigan Law Review

Limitation of the Amount of the Common Carrier's Liability--Hepburn Act; Surety's Right to Exoneration; Protection of Rights of Bona Fide Purchasers of Personal Property; The Time at Which a Political Aspirant Becomes a Candidate Within the Meaning of the Modern Primary Election Law; When are Letters Written by a Husband to His Wife Not Privileged?


Recent Important Decisions, Michigan Law Review Jan 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession--Paper Title--Constructive Possession--Occupancy; Bankruptcy--Property Vesting in Trustee--Insurance Policies with Cash Surrender Value Absorbed by a Lien; Bankruptcy--Provable Debts--Contingent Claims--Landlord and Tenant; Bills and Notes--Incomplete and Undelivered Check, completed and Negotiated by Thief--Delivery Not Presumed; Bills and Notes--Note Distinguished from Testamentary Disposition; Contracts--Consideration--Forbearance to Sue; Contracts--Illegal Contract--Agent's Liability for Proceeds; Corporations--corporate Stock--Priority of Rights Between Unrecorded Transferee and Attachment Creditor; Criminal Procedure--Sealed Verdict--Separation of Jury; Eminent Domain--Streets--Power to Condemn Land Required for Railroad Purposes; Evidence--Presumptions and Burden of Proof in Case of Corporation Charged with Crime; Garnishments--On What Actions Available--Liquidated Claims; Insurance--change of Rates in Mutual Benefit Association; Judgments--Foreign Judgment--Merger--Bar; …


Recent Important Decisions, Michigan Law Review Dec 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Banks and Banking--Authority of Cashier--When Knowledge of Cashire is Not Imputed to Bank; bills and Notes--Title to Personality Retained as Collateral Security--Right of Transferee; Boundaries--Fences--Ejectment--Champerty; Charities--Religious Corporations--Torts--Respondent Superior; Constitutional Law--Due Process--Regulation of Railroad; Constitutional Law--Interstate Commerce--Use of Automatic Couplers--Police Power; Corporations--Monopolies--Collateral Contracts--Defenses; Damages--Breach of Contract--Measure of Damages; Damages--Fright Producing Miscarriage--Trespass; Deeds--Privy Examination of Marries Women Over Telephone; Estoppel--What Constitutes; Evidence--Admissibility of Declaration of Pain and Suffering; Fire Insurance--Waiver of Conditions by Agent; Husband and Wife--Right of Wife to Sue for Alienation of Husband's Affections; Judgments on the Merits, What Constitutes--Form--Nonsuit; Landlord and Tenant--collapse of Building--Liability of Tenant; Master and Servant--Acts …


Recent Important Decisions, Michigan Law Review Jun 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client--Application for License--Power of Court; Bills and Notes--Accommodation Maker--Evidence Excluded to Change Liability; Carriers--Conclusiveness of Ticket Between Conductor and Passenger; Constitutional Law--Police Power--Equal Protection of Laws--"Public Dancing Academy"; Copyrights--Infringement--Musical Composition; Damages--Breach of Contract; Damages--Excessive; Deeds--Grantee a Deceased Person; Divorce--Enforcement of Order Allowing Alimony Pendente Lite; Equity--Injunction--Right of a Fraternal Order to Prevent Infringement of Its Name; Equity--Specific Performance--Contract Not Enforceable as a Whole; Evidence--Limitation of Number of Witnesses--When Reversible Error; Executors and Administrators--Liability for Funeral Expenses; Gas Companies--Right to Withdraw from Municipality; Husband and Wife--Community or Separate Property--Presumption; Husband and Wife--right to Separate Maintenance--Consideration; Landlord and Tenant--Breach of …


Recent Important Decisions, Michigan Law Review May 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client--Lien--Settlement Pending Judgment; Bankruptcy--discharge--Liability Absolutely Owing; Bankruptcy--Partnership--Individual Estate of a Partner; Banks and Banking--Checks on Trust Funds--Deposit to Personal Account of Trustee--Liability of Bank; Banks and Banking--Deposit Slip Headed by Mistake in Another's Name--Bankbook Does not Control; Constitutional Law--freedom To Contract--Master and Servant--Regulating Hours of Service; Constitutional Law--Interstate Commerce--solicitation of Orders for Sale of Intoxicating Liquors; Criminal Law--Offenses by Drivers of Automobiles; Damages--Extent of Liability on Replevin Bond; Damages--What may be Considered in Mitigation in Action for Libel; Deeds--Delivery--Grantee's Name Blank; Equity--Injunction to Restrain Cutting of Timber--Policy of State; Federal Procedure--Removal of Causes--Fraudulent Joinder; Gaming--"Bookmaking"--Oral Bets; Garnishment--Set-off of …


Note And Comment, Horace Lafayette Wilgus, Ralph W. Aigler, Harry L. Patton, Frank Ayres, C. Redman Moon Apr 1910

Note And Comment, Horace Lafayette Wilgus, Ralph W. Aigler, Harry L. Patton, Frank Ayres, C. Redman Moon

Michigan Law Review

The Right of Joint Adventurers, Holding All the Stock of a corporation, to a Dissolution and Accounting in Equity; Liability of Water Companies for Losses by Fire in Actions of Tort; Judgments as contracts and the Effect of Motive in Creating a Tort; Intervening Agency as an Element in Determining Proximate Cause; Application of Michigan Statute for the Benefit of Laborers and Materialmen on Public Works and the Right of Third Parties to Sue; Marketable Title;


Recent Important Decisions, Michigan Law Review Apr 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Surety's Rights to Subrogation--Preferred Claim; Bills and Notes--Negotiability--Effect of Words "Not Transferable" Added to Negotiable Note; Bills and Notes--Transfer of Note by Indorsement--What Law Governs the Indorser's Contract; Boundaries--Private Way--Title to Fee--Presumption; Civil Rights--Equal Privileges--Place of Amusement--Advertising Material; Constitutional Law--Inequality--classification--Child Labor; Constitutional Law--Limitations on the Taxing Power--Convict-Made Goods--Equal Protection of Laws; Contracts--Real Estate Brokers--Oral Authorization for Sale of Land--Commissions; Criminal Law--Post Office--Fraudulent Use of Mails; Damages--Measure of, in Case of Wrongful Death; Damages--Mitigation of, in Action for Personal Injuries--Duty to Submit to Medical Operation; Deed of Standing Timber--Time of Removal; Divorce--Extent of Relief--Absolute Divorce; Divorce--Vacation of Decree--Perjured Testimony; Evidence--Offer to …


Recent Important Decisions, Michigan Law Review Mar 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Appeal and Error--Meaning of "Person Aggrieved"; Bankruptcy--dower Rights of Bankrupt's Wife; Bankruptcy--Mechanic's Lien--Set Off; Bills and Notes--Usury--when note is Void as to Both Principal and Interest; Boundaries--Meander Line--Riparian Rights; Citizenship--Marriage of Alien Woman to a Citizen--Naturalization; Constitutional law--Constitutionality of Office of Supreme Judge--Construction of State Constitution; Constitutional Law--Full Faith and Credit--Chancery Power to Affect Foreign Property; Constitutional Law--Police Power--License and Registration of Automobiles; Contracts--Restraint of Trade--Limitation as to Time; Damages--Breach of Warranty of Title--Attorney's Fees and Costs; Deeds--Support and Maintenance as Consideration--Condition Subsequent; Evidence--Crimes Affecting Credibility of Witnesses; Evidence--Letters Between Husband and Wife--Not Privileged in Hands of Third Parties; Husband …


Note And Comment, Edson R. Sunderland, Frederick H. Schmidt, John R. Rood, Ralph W. Aigler, Robert T. Hughes Mar 1910

Note And Comment, Edson R. Sunderland, Frederick H. Schmidt, John R. Rood, Ralph W. Aigler, Robert T. Hughes

Michigan Law Review

The Work of the Commissioners on Uniform State Laws; Some Difficulties of Code Pleading; Applicability of Ordinances to the Distribution of Liquors by Social Clubs; Capias in Execution Without Prior Order or Arrest; The Degree of Care Required in the Operation of a Scenic Railway; Who Can Complain of Ultra Vires Acquisition of Real Estate by a Corporation?; The Heinrich Brunner Memorial;


Recent Important Decisions, Michigal Law Review Feb 1910

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 …


Recent Important Decisions, Michigan Law Review Jan 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Corporation "Engaged Principally in Manufacturing"; Bankruptcy--Invalidity of Liens for Want of Record; Bills and Notes--Effect of Agreement to Pay Attorney's Fees on Negotiability; Boundaries--Street--Riparian Rights; Carriers--Negligent Delay of Passenger--Liability; Constitutional Law--Due Process of Law--Banking--Guaranty Fund; Constitutional Law--Vested rights--rights in Navigable and Non-Navigable Waters; Contracts--Performance of Building Contract; Corporations--Capital Stock--Trust Fund--Right of Bank to Purchase its own Stock; Corporations--Ownership of Stock--Unlawful Pledge--Rights of Pledgee; Damage--Breach of Covenant Against Incumbrances--Though Incumbrance Removed Nominal Damages Recoverable; Divorce--Grounds--Extreme Cruelty--Malicious Charges; Dower--Right to Dower--Divorce--Interlocutory Decree; Evidence--difference Between Burden of Proof and burden of Evidence; Evidence--Proof of Death--Privileged Communications Between Husband and Wife; Homestead--Fraudulent Conveyance--Right of …


The Struggle For A Perpetuity, John R. Rood Jan 1910

The Struggle For A Perpetuity, John R. Rood

Articles

It is natural for us moderns to conceive of the right to alienate as an inseparable incident of ownership, since we have known no other condition; and in the modern books and decisions the subject is generally disposed of with the curt statement as if it were a truism. It is believed that to such as are not familiar with the history of that doctrine a review of the struggle through centuries, by which it was finally established on its present firm foundation, would not be devoid of interest.


Taxation Of Easements, Bradley M. Thompson Jan 1910

Taxation Of Easements, Bradley M. Thompson

Articles

In the case of Lever v. Grant,1 the supreme court passed incidentally upon the effect of a tax deed on an easement appurtenant to the estate on which the delinquent taxes had been levied. From the facts in that case it appears that in 1884 the owner of a parcel of land in the city of Detroit, bounded on the west by Woodward avenue, platted the same. The plat shows a street on the north side extending from Woodward avenue east thirty feet wide, one-half the width of an ordinary street. This street was named Custer Avenue. The next year, …


Recent Important Decisions, Michigan Law Review Dec 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Actions--Moot Questions Not Decided; Automobiles--Dangerous Machines--Liability of Owners for Misuse; Bankruptcy--Debts Discharged--Fraud--Election of Remedies; Bankruptcy--Jurisdiction of Court--Property in Other Districts; Bills and Notes--fictitious or Non-Existing Indorsee--Knowledge of Indorser; Bills and Notes--Notice of Dishonor--Effect of Constructive Waiver; Carriers--Injuries to Passengers--Riding on Platform--Question for Jury; Chattel Mortgages--Bill of Sale and a Lease Constituting a Mortgage--Question of Law; Constitutional Law--employer's Liability Act--Right to Sue in State Court; constitutional Law--Police Power--Trade Marks--Reuse of Original Packages; Deeds--Date--Presumption as to Time of Delivery; Deeds--Effect of an Assignment Indorsed Thereon; Divorce--Allowance of Temporary Alimony; Elections--Use of voting Machines--Unconstitutional; Evidence--Judicial Notice that Voltaire's Works are not Immoral or …


Note And Comment, Charles A. Kent, Horace Lafayette Wilgus, Willard J. Banyon, John T. Creighton Dec 1909

Note And Comment, Charles A. Kent, Horace Lafayette Wilgus, Willard J. Banyon, John T. Creighton

Michigan Law Review

A Criticism of President Hadley's Views on "The constitutional Position of Property in America"; Inconsistent Defenses; Vacation of Corporation Directors; Right of the United States to Recover Money Paid on Pension Checks Bearing Forged Indorsements; Damages Recoverable on Stock Broker's Failure to Purchase as Directed;


Recent Important Decisions, Michigan Law Review Nov 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Trustee's Right to Enforce Stockholder's Statutory Liability; Bills and Notes--Failure of Consideration--When Maker is Estopped From Pleading It; Bills and Notes--Instrument Payable After Death--Whether Valid Obligation or of a Testamentary Character; Carriers--Interstate and Intrastate Commerce; Carriers--Regulations Relative to Shipment of Live Stock; Constitutional Law--Equal Protection of Laws--Foreign Corporations--Statute Forfeiting Right to Do Business; Constitutional law--Police Power--Personal Liberty--Photographing Persons Charged With Crime; Contempt--Murder of Prisoner Pending His Appeal; Counties--Action by Taxpayer--Compensation of Attorney; Criminal Law--What Constitutes a Disorderly House; Damages--Allowance of Attorney's Fees--rule in Hadley v. Baxendale Applied; Eminent Domain--Taking or Damaging Property--Noise and Smoke From Operation of Railroad; Equity--Illegal Contract--Duty …


Recent Important Decisions, Michigan Law Review Jun 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes--Fictitious or Non-Existing Payee--Knowledge of Maker--English and American Views; Bills and Notes--Holder in Due Course; Carriers--Exemption from Liability for Negligence Under Special Contract; Colleges--Entrance Discriminations--Mandamus Not Remedy for Refusing Admission; Constitutional law--Aliens--Keeping for Immoral Purposes; Constitutional Law--Class Legislation--Licensing Itinerant Vendors; Constitutional Law--Legislative Power--Intoxicating Liquors--License System; Constitutional Law--Police Power--Intoxicating Liquors; Constitutional Law--Police Power--Ordinance Absolutely Prohibiting Billboards; Corporations--Ultra Vires--Organizing Another Corporation--Dissenting Stockholder; Deeds--Cancellation for Fraud--False Representations as to Intention; Deeds--Description--Parol Evidence to Explain Ambiguity; Deeds--Effect of Statute Abolishing the Use of Private Seals; Divorce--Adultery--Consent of Plaintiff; Elections--Qualification of Voters--Payment of Taxes--Payment by Unauthorized Person; Evidence--Privileged Communications--Professional Nurse and Patient; Health--Offering …


Note And Comment, Paul S. Dubuar, Arthur Clarke, J. Fred Bingham, Dan B. Symons, Lloyd T. Crane May 1909

Note And Comment, Paul S. Dubuar, Arthur Clarke, J. Fred Bingham, Dan B. Symons, Lloyd T. Crane

Michigan Law Review

Effect of Taking Possession of Mortgaged Property Under a Chattel Mortgage as Against a Junior Mortgagee; The Effect of the Reunion of the Cumberland Presbyterian Church With the Presbyterian Church in the United States of America Upon the Property of the Former; The Exclusive Use of Part of Railroad Station Grounds by Hackmen; Conflict of Jurisdiction in Bankruptcy Cases Between Federal and State Courts; Right of the Legislature to Amend Corporate Charters Under the Reserved Power; Can A Purchaser From a Tenant Acquire Title by Adverse Possession?; Can a Mortgagor After the Execution of the Mortgage Create an Easement in …


Recent Important Decisions, Michigan Law Review May 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Discharge of Bankrupt From Arrest--Claims--Judgment--Willful and Malicious Injury; Bills and Notes--anomalous Indorser; Bills and Notes--Innocent Holder of Note Given on the Sale of "Futures"; Constitutional Law--Imprisonment for Debt; Elections--Constitutionality of "Terrell Election Law"; Eminent Domain--Accretions--Extending Highway--Compensation; Guaranty--Consideration--Past and Future Advances; Intoxicating Liquors--Right to Withdraw Names from Local Option Petition; Intoxicating Liquors--Sale of Malt Tonic; Landlord and Tenant--Change in Law Preventing Use of Part of Premises--Abatement of Rent; License--Parol Permission to Use Lands--Revocation of, After Expenditures by Licensee; Mandamus--Nature of the Remedy; Master and Servant--Injuries to Third Persons; Master and Servant--Injuries to Third Persons--Dual Relation--Proximate Cause; Monopolies--Right to Recover on Monopolistic …


Mutuality Of Options, R. T. Holland Apr 1909

Mutuality Of Options, R. T. Holland

Michigan Law Review

In spite of the fact that options, so-called, have been in use for many years, it is surprising to find that the law is still somewhat unsettled, and that courts frequently express doubt as to their validity at this late day. The main difficulty with this form of contract seems to be an apparent lack of mutuality, and even when sustained, they have, in many cases, been treated as exceptions to the rule that mutuality must be present in all contracts.


Recent Important Decisions, Michigan Law Review Apr 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Arson--Persons Liable--Husband or Wife; Bankruptcy--Exemptions--Homesteads; Carriers--Bill of Lading--Estoppel to Deny Receipt of Goods; Commerce--Carriers--State Regulation--Congressional Inaction; Constitutional Law--Interstate Commerce--Compelling Carrier to Share Facilities with Rival--Due Process of Law; Constitutional Law--Right to Engage in the Business of an Undertaker; Counties--Railway Aid Bonds--Conditions Precedent; Covenants--Power of Court of Equity to Compel Release of, as Cloud on Title; Divorce--alimony--Divorce Granted Against Wife; Eminent Domain--Appropriation of Property--Street Railway Addition Burden; Evidence--Admissibility of Confessions; Evidence--Hearsay Declarations of Pedigree; Execution--Sale--Inadequacy of Price--Setting Aside; Insurance--Exception in Fire Insurance Policy--"Cotton in Open Cars"; Insurance--Right to Sue on Indemnity Policy--Payment of Loss by Receiver's Note; Intoxicating Liquors--Illegal Sale--Ordinance--Validity; Intoxicating …


Note And Comment, Edward S. Rogers, Horace Lafayette Wilgus, Edward A. Macdonald, Floyd Olds, J. Fred Bingham, Michael F. Shannon, Sidney F. Duffey Mar 1909

Note And Comment, Edward S. Rogers, Horace Lafayette Wilgus, Edward A. Macdonald, Floyd Olds, J. Fred Bingham, Michael F. Shannon, Sidney F. Duffey

Michigan Law Review

The Doctrine of Unfair Trade; Valuing Property and Franchises of Public Service Corporations for Fixing Rates; Right of the Interstate Commerce Commission to Adduce Testimony; Rule in Shelley's Case controls Estate Created by Deed to Trustee; The Right of the Garnishee to Dispose of Goods in His Possession While the Litigation is Pending; The Police Power, Billboards and Sky Signs; How Far the Record of Voting Machines is Conclusive;