Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Estates and Trusts (147)
- Contracts (142)
- Torts (115)
- Constitutional Law (107)
- State and Local Government Law (89)
-
- Evidence (75)
- Bankruptcy Law (71)
- Banking and Finance Law (68)
- Family Law (57)
- Insurance Law (55)
- Land Use Law (51)
- Tax Law (48)
- Criminal Law (47)
- Transportation Law (45)
- Common Law (39)
- Securities Law (35)
- Jurisdiction (32)
- Commercial Law (31)
- Litigation (31)
- Agency (27)
- Courts (26)
- Labor and Employment Law (26)
- Legal History (25)
- Legal Remedies (23)
- Legislation (21)
- Supreme Court of the United States (21)
- Election Law (20)
- Oil, Gas, and Mineral Law (20)
- Keyword
-
- Michigan (51)
- Conveyances (27)
- Land (25)
- Property (22)
- Liability (20)
-
- Mortgages (20)
- Conveyance (18)
- Foreclosures (17)
- Fifth Amendment (16)
- New York (16)
- Intent (15)
- Negligence (15)
- Property rights (14)
- Rent (14)
- Lease (13)
- Obligations (13)
- Ownership (13)
- Compensation (12)
- Due process (12)
- Easements (12)
- Eminent domain (12)
- Foreclosure (12)
- Liens (12)
- Private property (12)
- Title (12)
- Alienation (11)
- Equity (11)
- Rule against perpetuities (11)
- California (10)
- Deed (10)
- Publication Year
Articles 301 - 330 of 747
Full-Text Articles in Property Law and Real Estate
Trusts-Rule Against Perpetuities-Tetamentary Trust For Maintenance Of Testatrix' Home As Depository For Ashes Of Testatrix And Daughter, Richard L. Eckhart S.Ed.
Trusts-Rule Against Perpetuities-Tetamentary Trust For Maintenance Of Testatrix' Home As Depository For Ashes Of Testatrix And Daughter, Richard L. Eckhart S.Ed.
Michigan Law Review
Testatrix provided that her body should be cremated, the ashes mixed with the ashes of her deceased daughter, and both placed in a designated room on the second floor of testatrix' home. The executors were directed not to sell the home but to use rentals from the first floor to maintain it, such rentals to be obtained from any member of the Socialist Party whom the executors should find proper and able to pay the rental. Held, the attempted disposition was invalid as a violation of the rule against restraints on alienation. Alexander v. House, (Conn. 1947) 54 …
Real Property-The Doctrine Of Presumption Of Grant As A Substitute For The Statute Of Limitations, Charles B. Blackmar S.Ed.
Real Property-The Doctrine Of Presumption Of Grant As A Substitute For The Statute Of Limitations, Charles B. Blackmar S.Ed.
Michigan Law Review
Defendant claimed ownership of a barren island named Palmyra through a series of conveyances extending back nearly eighty years, but his chain of title was defective in that no grant away from the Hawaiian government was shown. He and his predecessors had paid taxes for many years, but had occupied the island only during occasional visits and had made no sustained efforts at commercial exploitation. The United States brought an action to quiet its title as successor to the Hawaiian government but the district court ordered title quieted in defendant on the basis of a presumed grant, and the Circuit …
Contracts--Statute Of Frauds--Validity Of Memorandum Made Prior To Oral Contract, Edward S. Tripp S.Ed.
Contracts--Statute Of Frauds--Validity Of Memorandum Made Prior To Oral Contract, Edward S. Tripp S.Ed.
Michigan Law Review
Plaintiff and defendant exchanged several letters concerning six contiguous lots which defendant owned. In one letter plaintiff made an offer to purchase the lots which was declined by defendant. Plaintiff then requested defendant to name her price. She replied that they were worth at least $12,000 but made no offer to sell. Subsequently they orally contracted for sale of the lots for $11,000. As a down payment plaintiff gave defendant a $500 check which contained a notation that it was "to be applied on purchase of property on E. Central Ave., Albuquerque, N. M. . . ." Defendant indorsed and …
Some General Aspects Of Michigan Community Property Law, William E. Burby
Some General Aspects Of Michigan Community Property Law, William E. Burby
Michigan Law Review
The common law, in recognition of the fact that one spouse is entitled to some economic security in the property of the other spouse, evolved the interests known as dower and curtesy. These interests, of course, apply only with respect to land. The husband enjoyed an additional economic advantage that came from the management and control of his wife's property. This latter advantage has disappeared with the advent of Married Women's Property Acts that confer upon married women the right to manage their own estates. Statutes have also expanded on the concept of dower and curtesy by providing for a …
Real Property-Tenancy By Entireties-Estate Created By Parol Gift Followed By A Voluntary Settlement, Ralph J. Isackson
Real Property-Tenancy By Entireties-Estate Created By Parol Gift Followed By A Voluntary Settlement, Ralph J. Isackson
Michigan Law Review
Prior to his death in 1892, X made a parol gift of 60 acres in a 360 acre tract to his daughter, W, or to W and her husband, H, and put them into actual possession but gave them no deed to the land. No evidence was shown to indicate that either W or H had paid the taxes or made any improvements on the land during X's lifetime. X died intestate and left surviving him five children, including W. All the heirs, except W, conveyed the 60 acre tract to W and H in …
Some Income Tax Aspects Of Community Property Law, Paul R. Trigg, Jr.
Some Income Tax Aspects Of Community Property Law, Paul R. Trigg, Jr.
Michigan Law Review
The recent enactment of community property law in Michigan and other states has created new problems for lawyers. Not the least of these is the question of the income tax consequences which flow from the existence of a community between the spouses. Nor is this the type of problem which can be shrugged off by reference to tax counsel. Local community property law and federal .income tax law are too closely enmeshed to be intelligently divided. No authority is needed for the statement that recently enacted community property laws are a product of high surtaxes. At the same time, these …
Municipal Corporations-Validity Of "Piecemeal" Zoning As Applied To Building Under Construction, Robert J. Walsh S.Ed.
Municipal Corporations-Validity Of "Piecemeal" Zoning As Applied To Building Under Construction, Robert J. Walsh S.Ed.
Michigan Law Review
Shortly after plaintiff obtained a building permit and commenced work on the excavation for a laundry and dry-cleaning plant in an unzoned section of the City of Huntsville, the city adopted a new zoning ordinance which limited to residential uses an area of approximately two blocks in which plaintiff's property was situated. On appeal from a decree dismissing a bill to enjoin enforcement of the new zoning ordinance, held, reversed. Since the enabling statute required that zoning regulations should be adopted in accordance with a comprehensive plan, an ordinance which did not zone the whole municipality was void. Johnson …
Wills--Construction-Testamentary Intent, J. R. Swenson
Wills--Construction-Testamentary Intent, J. R. Swenson
Michigan Law Review
In a will drawn for her by a layman, testatrix inserted in her own words a clause reading, "It is my belief that 120 acres . . . owned by my deceased husband, John Cagley, subject to a life estate willed to me, be distributed to his four nieces and nephews . . . . " In fact, her husband's will had not specifically disposed of the remainder, and testatrix had in addition to the life estate, taken the remainder as residuary devisee. Held, The clause was a valid devise of the property to the four named beneficiaries. Layton …
Evidence-Documentary Proof Of Market Value Of Personal Property-Admissibility-Relationship To Oral Testimony Based Thereon, P. F. Westbrook, Jr. S.Ed.
Evidence-Documentary Proof Of Market Value Of Personal Property-Admissibility-Relationship To Oral Testimony Based Thereon, P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
Even the most casual observer of modern business practices will accede to the general proposition that the most accurate reflection of market value for many commodities can be found in documentary sources. This is particularly true of those commodities of an homogeneous character which are sold in well-organized markets characterized by price uniformity and free access to price information. Of them, it may well be said that no more satisfactory evidence of market value than the newspaper market reports can be found, barring the possibility of personal observation of "the board" at the market itself. However, the average businessman will …
Duress Through Civil Litigation: Ii, John P. Dawson
Duress Through Civil Litigation: Ii, John P. Dawson
Michigan Law Review
Where litigation has progressed to the stage of a final judgment under which execution is immediately available, the initial obstacles already suggested to relief for duress appear to exist in magnified form. The judgment itself establishes the legitimacy of the original demand. Though the coercion threatened is immediate, it has been supplied by general rules of procedure for the specific purpose of compelling satisfaction. It appears from numerous decisions and is even more frequently assumed that a settlement induced by threat of immediate issuance of execution under a valid, final money judgment cannot be duress, whatever the nature of the …
Constitutional Law-State Court Enforcement Of Race Restrictive Covenants As State Action Within Scope Of Fourteenth Amendment, John A. Huston S.Ed.
Constitutional Law-State Court Enforcement Of Race Restrictive Covenants As State Action Within Scope Of Fourteenth Amendment, John A. Huston S.Ed.
Michigan Law Review
The current housing shortage with the overcrowded living conditions and substandard accommodations which it imposes on the most numerous classes of society has made particularly significant in the competition for housing areas the discriminations generally enforced against negroes and other racial minority groups. Both normal population growth and the suspension of new construction during the great depression and the late war have contributed to an emergency in which the circumstances of our negro population are materially worse than those of any other group. Aggravating this result has been the shift in negro population occasioned by the wartime demand for industrial …
Executors And Administrators-Priority Of Payment Of United States Claims, E. M. Deal S.Ed.
Executors And Administrators-Priority Of Payment Of United States Claims, E. M. Deal S.Ed.
Michigan Law Review
When decedent died in 1940, his personal estate was consumed by the widow's exemption and expenses of administration, leaving only a one-sixth interest in certain real estate formerly owned by his deceased father. Proceedings to partition this property resulted in a sum of $2,306.17 payable to decedent's widow, subject to the payment of his debts. The executors of one Davidson who had obtained a $24,588.00 judgment against decedent in 1933 claimed the entire fund as did the United States under tax liens entered in 1940 and 1941 of $2,202.89 and $8,904.67. The government based its claim on section 3466 of …
Quasi-Contracts-Assumpsit For Use And Occupation Of Land, R. O. Hancox S.Ed.
Quasi-Contracts-Assumpsit For Use And Occupation Of Land, R. O. Hancox S.Ed.
Michigan Law Review
Defendant had a right of way over plaintiff's land limited to the transportation of coal mined on that land. Plaintiff seeks to recover for use and occupation of his land by defendant when he exceeded his right by transporting coal mined on adjacent property. Held, the plaintiff is entitled to quasi-contractual recovery of the value of the benefit to defendant based on the prevailing rate of purchase of right of way for transportation of coal over another's land. Raven Red Ash Coal Co., Inc. v. Ball, (Va. 1946) 39 S.E. (2d) 231.
Real Property-Determinable Fee-Alienability Of Possibility Of Reverter, Joseph N. Morency, Jr. S.Ed.
Real Property-Determinable Fee-Alienability Of Possibility Of Reverter, Joseph N. Morency, Jr. S.Ed.
Michigan Law Review
In 1895, Scofield conveyed a small portion of his farm to the defendant, Town of Charlotte, by quitclaim deed which provided: " . . . to be used by said town for school purposes, but when said Town fails to use it for said school purposes it shall revert to said Scofield, his heirs and assigns, but the Town shall have the right to remove all buildings located thereon. The Town shall not have the right to use the premises for other than school purposes." The title to the farm vested in plaintiff by mesne conveyances. The land in question …
Soviet Law Of Inheritance: Ii, Vladimir Gsovski
Soviet Law Of Inheritance: Ii, Vladimir Gsovski
Michigan Law Review
Wills. Neither the Civil Code nor any other statute sets forth any specific requirements for capacity to make a will. Therefore, the soviet jurists deem any person who is generally competent to enter into legal transactions (Civil Code, Section 8) capable of making a will. Thus, minors under the age of eighteen years and persons adjudged unable to manage their affairs because of mental disease or weak-mindedness do not have testamentary capacity. Likewise, a will executed by a testator while "in a state of mind which precluded his understanding the significance of his acts," has no validity (id., Section 3r).
Agency-Liability Of Agent On Contract For Principal-Effect Of Adding "Agent" To Signature, John A. Huston
Agency-Liability Of Agent On Contract For Principal-Effect Of Adding "Agent" To Signature, John A. Huston
Michigan Law Review
Defendant, a real estate broker purporting to act for X, made a contract with plaintiff for the sale to plaintiff of X's farm. The only evidence in the writing of defendant's agency was the word "agent" which he appended to his signature. Plaintiff paid defendant $1000.00 as a deposit which defendant tendered to X who returned $500.00 to defendant as his commission for the sale. Upon destruction of an important part of the premises before execution of the contract, plaintiff brought suit against X and defendant to rescind the contract and recover the deposit. Recovery against X was …
Municipal Corporations--Regulation Of House Trailers Under Building Code As Permanent Dwellings, John W. Potter S.Ed.
Municipal Corporations--Regulation Of House Trailers Under Building Code As Permanent Dwellings, John W. Potter S.Ed.
Michigan Law Review
An ordinance of the township in which defendant maintained a trailer camp defined a house trailer as any vehicle used for living or sleeping purposes, and provided that any house trailer so used within the township for an aggregate of more than thirty days in a period of one year should be considered a single family dwelling for all purposes of the building code. Many trailers in defendant's camp rested on boxes or jacks, and they had been used as dwellings for several years. While all trailers were connected with water and electric lines and provided with communal lavatory and …
Adverse Possession-Possession Under Mistake As To True Boundary, Rosemary Scott S.Ed.
Adverse Possession-Possession Under Mistake As To True Boundary, Rosemary Scott S.Ed.
Michigan Law Review
Land purchased by the plaintiff's husband in 1911 was surrounded by a fence which included the land in dispute. All of the enclosed area was of a different grading from the land to the west of it. The plaintiff's husband cultivated the area later disputed, tore down buildings on it and improved the entire property during the succeeding seventeen years. When the defendant purchased the adjacent land in 1935 the dividing fence was down but the difference in grading between the two parcels of land remained the same. The defendant, after a survey was made of the land in 1939, …
Future Interests--Effect On Contingent Remainders Of Widow-Life Tenant's Election To Take Against A Will, Niel Mckay S.Ed.
Future Interests--Effect On Contingent Remainders Of Widow-Life Tenant's Election To Take Against A Will, Niel Mckay S.Ed.
Michigan Law Review
Testator devised one half of the income from an undivided one-third interest in certain real estate to the defendant, his wife, and provided that on her death the undivided one-third interest was to go to his brother and sister, plaintiffs here, if living, otherwise to his children in a certain named order if living. The defendant, testator's widow, elected to take her statutory share against the will, and the county court decreed her a one-half interest in the undivided one third, the other one-half interest going to the plaintiffs. Plaintiffs, also having title to the other two thirds of the …
Taxation-Income Tax-Depletion-Lessor's Share In Net Income As Subject To Depletion, William H. Buchanan S.Ed.
Taxation-Income Tax-Depletion-Lessor's Share In Net Income As Subject To Depletion, William H. Buchanan S.Ed.
Michigan Law Review
Taxpayer which owned certain lands leased the same to companies for production of oil and other minerals for a cash bonus, a royalty in the usual form, and an agreement that lessor should receive a percentage of the net money profits realized by the lessees from their operation under the lease. Lessor claimed a right to deduct depletion allowance from the receipts which were a percentage of the net income arising from operating the properties. Held, lessor had a right to depletion deduction in respect to the percentage of net income because it had an "economic interest" in the …
Future Interests-Power Of Termination-Restraint On Alienation- Merger Of The Power Of Termination With The Fee Simple Subject To A Condition Subsequent, Neil Mckay S.Ed.
Future Interests-Power Of Termination-Restraint On Alienation- Merger Of The Power Of Termination With The Fee Simple Subject To A Condition Subsequent, Neil Mckay S.Ed.
Michigan Law Review
A conveyed two tracts of land to B, her daughter, by two deeds, reserving a life estate in each tract and restraining, by condition subsequent, alienation of them in any manner, for five years in one deed, and for twelve years in the second. In less than five years and before the restrictions were violated, A died and B was adjudged her sole and only heir at law. Thereafter B conveyed the land by quit claim deed to the defendant, her husband. B died a month later, leaving a will, by which she devised and bequeathed all her property …
Taxation-Federal Estate Tax-Reversionary Interests Under The Rule Of The Hallock Case-Valuation, Joseph R. Brookshire S.Ed.
Taxation-Federal Estate Tax-Reversionary Interests Under The Rule Of The Hallock Case-Valuation, Joseph R. Brookshire S.Ed.
Michigan Law Review
In 1929 the decedent established a trust, reserving a life estate in the income. On the termination of this life estate, the income was payable in equal amounts to the decedent's daughters. If either daughter died, that part of the corpus supporting the share of income of the deceased daughter was to go to her descendants; if none, then to the other daughter or her descendants. If both of the daughters died without issue, the corpus was to be paid to such persons as decedent appointed by will; if no appointment was made, the corpus was to go to certain …
Constitutional Law--Impairment Of Obligation Of Contract--Mortgage Moratorium--Determination Of The Existence Of An Emergency, George Brody
Constitutional Law--Impairment Of Obligation Of Contract--Mortgage Moratorium--Determination Of The Existence Of An Emergency, George Brody
Michigan Law Review
In 1943 the New York State Legislature extended its moratorium legislation for another year, thereby continuing the suspension of mortgage foreclosure proceedings on real property due to default in payments on principal. The legislature declared that an emergency still existed and therefore the continuance of legislative action, first taken in 1933, was justified. The law made payment of interest, taxes, insurance and amortization charges a prerequisite to suspension of foreclosure. Appellant brought an action to foreclose a mortgage on appellee's property for the non-payment of principal, contending that the suspension of foreclosure proceedings resulted in an impairment of the obligation …
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
The Present Status Of "Illusory" Trusts-The Doctrine On Newman V. Dore Brought Down To Date, Edward A. Smith
The Present Status Of "Illusory" Trusts-The Doctrine On Newman V. Dore Brought Down To Date, Edward A. Smith
Michigan Law Review
It has long been the policy of the law to provide for a widow by setting aside some portion of her deceased husband's estate for her future support. Such a policy, it has been said, dates back to the laws of Hammurabi and later evidences of it may. be found in the Justinian Code of the Roman Law, and in English law from the earliest times; its final manifestation being in the well-known common law dower. It is not with dower, however, that we are here concerned, for that institution is sufficiently well understood to require no discussion in this …
Clearance Of Land Titles-A Statutory Step, Ralph W. Aigler
Clearance Of Land Titles-A Statutory Step, Ralph W. Aigler
Michigan Law Review
Public Act of Michigan, No. 200, was approved by the governor on May 17, 1945. Its preparation and enactment are the result of a growing urge for the amelioration of certain conditions in land title transactions.
Contracts-Anticipatory Breach Of A Unilateral Obligation To Pay Money, George Brody
Contracts-Anticipatory Breach Of A Unilateral Obligation To Pay Money, George Brody
Michigan Law Review
Plaintiff, a real estate broker, was employed by defendant under a contract to negotiate the purchase of tracts of land. By the terms of the contract, plaintiff's commission was not to be paid until defendant accepted title to the land purchased. A sale of land for defendant was consummated by plaintiff but defendant, before accepting title, denied the existence of any contractual obligation to plaintiff for his services. Plaintiff brought suit for his commission. Held, there can be no recovery on a unilateral obligation to pay money before time for payment has arrived. The anticipatory breach doctrine is applicable …
Trusts-Statute Of Frauds-Oral Trust Of Land And Proceeds, Margaret Groefsema S.Ed.
Trusts-Statute Of Frauds-Oral Trust Of Land And Proceeds, Margaret Groefsema S.Ed.
Michigan Law Review
A conveyance was made of real property impressed with an oral trust unenforceable because of the statute of frauds requiring trusts of interests in land to be in writing. The land was later sold and the plaintiff as beneficiary of the parol trust sought to reach the proceeds of the sale. Held, the statute of frauds does not apply to personal property. Therefore the oral trust may be impressed upon the proceeds even though it could not have been enforced while the trust res remained realty. Simpson v. Clark, (Mass. 1944) 55 N.E. (2d) 10.
Contracts-Doctrine Of "Commercial Frustration" As Applied To Leases Of Real Property, Margaret Groefsema S. Ed.
Contracts-Doctrine Of "Commercial Frustration" As Applied To Leases Of Real Property, Margaret Groefsema S. Ed.
Michigan Law Review
A mushroom crop of litigation has sprung up as a result of wartime governmental restrictions on production and consumption of civilian goods, particularly with respect to regulations of the sale of gasoline, tires, automobiles, and automobile accessories. Numerous problems have confronted the courts involving leases of property for the purpose of selling or servicing motor vehicles, where the lessee has sought to be released from his covenant to pay rent by invoking the so-called doctrine of "commercial frustration."
Landlord And Tenant-Leases-Option In Tenant To Cancel In Case Of Governmental Interference With Use Of Premises, Margaret Groefsema S. Ed.
Landlord And Tenant-Leases-Option In Tenant To Cancel In Case Of Governmental Interference With Use Of Premises, Margaret Groefsema S. Ed.
Michigan Law Review
A lease of real property for an automobile service station contained a provision for termination of the leasehold at the option of the tenant in case "the use of the said premises for an oil and gasoline filling station be prevented, suspended or limited by any zoning statute or ordinance, or any other municipal or governmental action." Held, this clause applied to release the tenant when wartime rationing of gasoline and tires made it unprofitable for him to operate the filling station. Mid-Continent Petroleum Corporation v. Barrett, (Ky. Ct. App. 1944) 181 S.W. (2d) 60.