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Articles 151 - 156 of 156
Full-Text Articles in Property Law and Real Estate
The New Judgment Lien On Lands, Ellsworth Wiltshire
The New Judgment Lien On Lands, Ellsworth Wiltshire
University of Richmond Law Review
The lien of a judgment for money upon real estate of the judgment debtor embodied in Sections 8-386 and 8-390 of the Virginia Code has been radically changed by the Acts of 1960, c. 466 and c. 255 respectively. How these amendments affect the liens of judgments obtained before as well as those obtained after the effective date of the amendments (June 27, 1960) will be considered below.
Joint Control By The Surety: A Virginia Statute And Its Common Law Ancestry, D. Orville Lahy
Joint Control By The Surety: A Virginia Statute And Its Common Law Ancestry, D. Orville Lahy
University of Richmond Law Review
It happened in Texas, but it could just as well have been Virginia. At the June 1934 term of the County Court of Anderson County, Texas, there was offered for probate the holographic will of Herman Oberweiss. The testator and his several brothers had settled in Texas after emigrating from their native Germany, and without benefit of much education Herman Oberweiss had been able to accumulate considerable wealth during his lifetime.
The Broker's Claim To A Commission When His Customer Buys Through Another Broker, William S. Cudlipp Jr.
The Broker's Claim To A Commission When His Customer Buys Through Another Broker, William S. Cudlipp Jr.
University of Richmond Law Review
Very few lawyers in general practice in Virginia have not been consulted at one time or another about the right of a real estate broker to collect a commission on a sale of property consummated directly by the owner or through another broker with a customer found by the first broker. The majority of the disputes of this nature never reach the courts and undoubtedly the great majority of those that do are finally settled at the trial court level. Nevertheless the Virginia reports contain a number of decisions involving such cases, and opposite results have sometimes been reached under …
Virginia's Drear Aridities: Its Rule Of Perpetuities, D. Orville Lahy
Virginia's Drear Aridities: Its Rule Of Perpetuities, D. Orville Lahy
University of Richmond Law Review
Whereas most Virginia lawyers know about the rule against perpetuities, many of the same lawyers do not know what it is all about. Perpetuities is a dry and dismal subject to an active practitioner, and the state of abject bewilderment with which he was indoctrinated about the rule against perpetuities while in law school lingers on to haunt his memory. for the balance of his professional career. It is not until an actual client appears with a perpetuities problem that the same practitioner is forced to face the stark realities of the rule. It is only then that the complexities …
Can An Equitable Interest Held In Trust Be Transferred Wrongfully By The Trustee Free Of The Trust?, Ellsworth Wiltshire
Can An Equitable Interest Held In Trust Be Transferred Wrongfully By The Trustee Free Of The Trust?, Ellsworth Wiltshire
University of Richmond Law Review
We all know that a bona fide purchaser for value of trust property holds the same free of the trust. But it is usually stated that such a purchaser must obtain the legal title to the property to so eliminate the trust beneficiary. However, sup- pose the trustee holds the equitable (but not the legal) title to property in trust for a beneficiary. Is the interest of such beneficiary in the property cut off in Virginia should the trustee wrongfully convey such equitable title to a bona fide purchaser for value?
Does Virginia Have A Title-Quieting Statute Applicable To Deeds Of Trust?, Harry L. Snead Jr.
Does Virginia Have A Title-Quieting Statute Applicable To Deeds Of Trust?, Harry L. Snead Jr.
University of Richmond Law Review
A title examiner finds a recorded deed of trust which has not been released on the margin. He does not find a recorded release deed. A perusal of the records, however, reveals that twenty-one years have elapsed from the maturity date of the note secured by the deed of trust. The title examiner adverses the trustee (or, as a short-cut, the grantor of the deed of trust), but does not find a record conveyance from the trustee. May the title examiner safely ignore the deed of trust?