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 451 - 480 of 747
Full-Text Articles in Property Law and Real Estate
Adverse Possession - Tacking Possessions Of Land Not Included In Deed - Michigan Rule, Michigan Law Review
Adverse Possession - Tacking Possessions Of Land Not Included In Deed - Michigan Rule, Michigan Law Review
Michigan Law Review
By agreement with plaintiffs' predecessor in title, defendants' grantor set out a hedge on what both parties believed to be the true dividing line between their respective lots but which was in fact seven feet south of the true line. Defendants' grantor occupied the strip up to the hedge for ten years and then sold the lot to defendants, at the time of sale pointing out to them the piece of property believed to be the lot he was selling. He delivered possession and a deed which did not include the seven-foot strip within its calls. Six years later plaintiffs …
Landlord And Tenant - Disability To Recover Rent For Failure To Comply With Tenement Law, Theodore R. Vogt
Landlord And Tenant - Disability To Recover Rent For Failure To Comply With Tenement Law, Theodore R. Vogt
Michigan Law Review
A Connecticut statute provides: "No building constructed as . . . a tenement house shall be occupied . . . until the issuance of a certificate . . . that said building conforms . . . to the requirements of this chapter . . . . " (Section 2592.) It is further provided (Section 2593): "If any building . . . be occupied . . . in violation of the provisions of section 2592, during such unlawful occupation no rent shall be recoverable by the owner or lesee . . . and no action or special proceedings shall be maintained …
Quasi-Contracts - Use And Occupation - Recovery Of Benefits Received By A Trespasser, Walter Probst Jr.
Quasi-Contracts - Use And Occupation - Recovery Of Benefits Received By A Trespasser, Walter Probst Jr.
Michigan Law Review
The defendant had discovered and developed by considerable advertising the Great Onyx Cave in Kentucky. After a survey ordered in an earlier equity proceeding it was discovered that one-third of the cave was under plaintiff's land. The only opening was upon defendant's land. Through this opening had entered a large number of visitors who had paid the defendant admission fees for the privilege. Held, plaintiff could recover in assumpsit one-third of the net profits earned by the defendant from the cave. Edwards v. Lee's Admr., (Ky. 1936) 96 S. W. (2d) 1028.
Party Walls - Replacement And Removal, Charles W. Allen
Party Walls - Replacement And Removal, Charles W. Allen
Michigan Law Review
The usual American theory of the rights of adjoining land owners in a party wall is that each owns in severalty that part of the wall on his land and each has an easement of support in that part on the land of the other. If the structure is erected under an express contract, the rights of the parties are determined by the terms of their contract. And when the easement of support is created by prescription, its scope is measured by the prior user, and no right to remove or replace the wall can exist by virtue of the …
Bankruptcy - Corporate Reorganization - Plan - Adequate Protection Of Claims - Due Process, Erwin S. Simon
Bankruptcy - Corporate Reorganization - Plan - Adequate Protection Of Claims - Due Process, Erwin S. Simon
Michigan Law Review
In proceedings for reorganization under Section 77B of the Bankruptcy Act, the debtor held real property valued at $245,025, while outstanding against the property there were first mortgage bonds of $445,000, second mortgage notes for $40,250 and a third mortgage note for $27,000. The court confirmed a plan which made no provision for junior lienors or stockholders, and to which they had not given their consent. On certiorari, granted by the Supreme Court, it was held, that since there was no equity in the property above the first mortgage, the claims of the junior lienors and stockholders had no …
Easements - Right To Lay Additional Pipes, Michigan Law Review
Easements - Right To Lay Additional Pipes, Michigan Law Review
Michigan Law Review
Defendants had granted to the city of Lynchburg an easement to "lay, construct, operate, inspect, repair and perpetually maintain water or conduit lines with all the necessary fixtures and appurtenances . . . " Pursuant to this grant, the city had laid down a conduit of redwood staves which has now decayed. In this action, the city seeks to enjoin the defendants from interference with the laying down of a new cast-iron conduit which would require the utilization of an additional six feet of land. Held, that the parties had defined their rights under an indefinite grant, and the …
Constitutional Law - Anti-Deficiency Judgment Statutes In Foreclosure Actions - Impairment Of Contract, Elbridge D. Phelps
Constitutional Law - Anti-Deficiency Judgment Statutes In Foreclosure Actions - Impairment Of Contract, Elbridge D. Phelps
Michigan Law Review
Plaintiff instituted a proceeding on a judgment bond which was secured by a real estate mortgage, both of which had been executed by defendants, caused judgment to be entered on the bond, and procured the issuance of a writ of execution under which the mortgaged premises were sold. Thereafter, under the provisions of the state Mortgage Deficiency Judgment Act, defendants procured a satisfaction of the judgment in toto. After entry of such satisfaction, plaintiff filed a petition upon which the court granted a rule on defendants to show cause why the satisfaction should not be stricken. From an order dismissing …
Municipal Corporations - Constitutional Limitation On Indebtedness - Delinquent Taxes As Deductible Asset, Emma Rae Mann
Municipal Corporations - Constitutional Limitation On Indebtedness - Delinquent Taxes As Deductible Asset, Emma Rae Mann
Michigan Law Review
Plaintiff taxpayer sued to enjoin defendant city from borrowing $500,000 for general public improvements, alleging that if, the city so obligated itself it would be indebted beyond the limit fixed by the constitution at two per cent of the assessed valuation of taxable property. Defendant showed that such limit would not be exceeded if two-thirds of the outstanding delinquent taxes were regarded as deductible. The court denied the injunction and held that since collection of at least two-thirds of such outstanding delinquent taxes was certain this item was properly deductible. Ward v. Pittsburgh, 321 Pa. 414, 184 A. 240 …
Corporations - Parent's Liability For Subsidiary's Obligations, Michigan Law Review
Corporations - Parent's Liability For Subsidiary's Obligations, Michigan Law Review
Michigan Law Review
A parent corporation owned all the stock of a subsidiary which it had organized to hold real estate, its own business being mercantile. The directors and officers of both corporations were identical. The subsidiary sublet premises for ninety-nine years, in turn leasing them to the parent for ten years. Improvements were made in accordance with the subsidiary's contract, and "leasehold trust certificates" were issued by an assignee of the underlying lease. The parent quit the premises before the expiration of its lease, but paid the rent for the whole period. The subsidiary then defaulted on the ninety-nine year lease, having …
Eminent Domain -Valuation Of Land - Evidence Of Potential Use, Donald H. Larmee
Eminent Domain -Valuation Of Land - Evidence Of Potential Use, Donald H. Larmee
Michigan Law Review
The United States Government condemned certain lands of the petitioners on the island of Oahu for a federal public purpose. Although the owners of the lands had for many years used them mainly for cattle raising, they had in view the ultimate use of them for the growing of sugar cane. The petitioners offered to prove that over 3,000 acres of the tract were suitable for the growing of sugar cane due to the climate and contour of the land. They further offered to prove that on other lands owned by them a water source was available from which water …
Election Of Remedies - Deficiency Decree As Bar To Subsequent Suit On Debt, Donald H. Larmee
Election Of Remedies - Deficiency Decree As Bar To Subsequent Suit On Debt, Donald H. Larmee
Michigan Law Review
After foreclosure in Florida of a purchase money mortgage on Florida land, the mortgagee filed a claim for the deficiency against the estate of one of the co-mortgagors, who was a permanent resident of Michigan, and who had been served only by publication in the foreclosure suit. In the foreclosure proceedings the mortgagee had prayed for a deficiency decree, and the Florida court had retained jurisdiction for that purpose, after ordering the sale. The mortgagee had taken no further steps in that proceeding. Held, the Florida law was controlling, and that by Florida statutes, as construed by the courts …
Taxation - Exemptions - Municipally-Owned Property
Taxation - Exemptions - Municipally-Owned Property
Michigan Law Review
In settlement for collateral notes given to secure its deposits in a bank which became insolvent, a municipality had conveyed to it an office building, located in a county other than the one in which said municipality was situated. The city thereafter rented the offices to tenants operating private businesses. The county in which the building was located subjected it to an ad valorem tax. Contesting the right to its collection, the city failed to pay the assessed taxes, for a period of four years. Held, the property, although municipally-owned, not being held or used for any governmental or …
Constitutional Law - Race Segregation Ordinance - Effect Of Military Order Of Governor Issued For Same Purpose
Michigan Law Review
A "segregation ordinance" of Oklahoma City, prospective in nature, made it unlawful for any negro to occupy as a residence any house or building located in a block wherein a majority of the buildings used were occupied by white persons. The initial step in the segregation of races in the city occurred when the Governor issued a military order for the separation of the races, because it appeared that riot and bloodshed were imminent; such order to remain in effect until an ordinance was passed in lieu of the order. Held, the ordinance was an invalid exercise of the …
Eminent Domain - Slum Clearance And Low-Cost Housing Program As Public Use
Eminent Domain - Slum Clearance And Low-Cost Housing Program As Public Use
Michigan Law Review
A New York statute set up a public corporation with power to investigate and study housing conditions in the city, and to plan and carry out projects for the clearance of slums and the providing of housing accommodations for persons of low income. The corporation sought to condemn certain property owned by the defendant, who resisted the proceeding on the ground that the taking was not for a public use and therefore violative of the Fourteenth Amendment and a similar provision in the state constitution. Held, that the taking was for a public benefit and that therefore the constitutional …
Future Interests-Remainder To A Class As A Vested Remainder
Future Interests-Remainder To A Class As A Vested Remainder
Michigan Law Review
Testator left to his daughter certain real estate "as her sole and separate property during her natural life and at her death to her children absolutely." One of the children mortgaged his interest in the remainder to plaintiff and died, the life tenant surviving him; and thereafter the plaintiff brought suit for foreclosure. Held, this was a remainder to uncertain persons which did not vest in anyone during the life of the life tenant; and therefore the mortgage was a nullity. Deener v. Watkins, 191 Ark. 776, 87 S. W. (2d) 994 (1935).
Simes On Future Interests, Charles C. White
Simes On Future Interests, Charles C. White
Michigan Law Review
It is encouraging that the law teachers are turning their talents to the writing of treatises. Recent examples are Professor Bogert's monumental work on Trusts and Professor Griswold's volume on Spendthrift Trusts. And now comes this comprehensive work on Future Interests, about which little has heretofore been written with an especial appeal to the average practitioner. Too much of the law teacher's energy has. gone into editing case books and writing law review articles. And case books and law review articles are not read by lawyers in general.
Specific Performance--Damages--Action At Law By Vendor Of Land For The Full Purchase Price
Specific Performance--Damages--Action At Law By Vendor Of Land For The Full Purchase Price
Michigan Law Review
In an action at law by a vendor of land for breach of contract by the purchaser, the title not having passed, the traditional measure of damages is the difference between the contract price and the value of the land at the time the vendor's conveyance was due. But where a conveyance is not yet due from the vendor a majority of jurisdictions allow recovery of all but the last installment of the purchase money, on the ground that in that case the promise to pay is independent of the vendor's promise to convey. Even where a conveyance is due …
Quasi Contracts-Liability Of Landowner For Repairs Furnished Without Request
Quasi Contracts-Liability Of Landowner For Repairs Furnished Without Request
Michigan Law Review
Plaintiff furnished labor and materials for repairs to a farm house owned by defendant. The work was done without the knowledge of defendant at the request of defendant's brother who was occupying the place at the time and who had formerly been the owner. Plaintiff sued to foreclose a materialman's lien, but the lien was disallowed because not filed in time. It was held, nevertheless, that even though plaintiff was unable to prove either a contract with defendant or an agency relationship between defendant and his brother, plaintiff could still recover the reasonable value of the benefits furnished to …
Adjoining Landowners-Injury From Mining Operations-Right To Prospective Damages
Adjoining Landowners-Injury From Mining Operations-Right To Prospective Damages
Michigan Law Review
Defendant corporation was conducting its mining operations some distance from plaintiff's land. Plaintiff brought this action to recover for injury to his residence caused by subsidence. The judgment in the trial court represented both actual and prospective damages. On appeal it was held that plaintiff may recover only the cost of repairs. O'Donnell v. Oliver Iron Mining Co., 273 Mich. 27,262 N. W. 728 (1935).
Eminent Domain-Validity Of State Statute
Eminent Domain-Validity Of State Statute
Michigan Law Review
As upon certiorari, the New Mexico Supreme Court considered the question, whether it is "within legislative competence to declare a public use in the industry of coal mining, so as to permit taking private property in aid of it." Plaintiff had obtained a judgment of condemnation, and defendant attacked it as offensive to the New Mexico constitutional provision: "Private property shall not be taken or damaged for public use without just compensation." The opinion recognized the existence of an "orthodox" and a "liberal" doctrine of construing "public use." While the court found that, unlike Nevada's or Utah's, New Mexico's well-being …
Future Interests-Implication Of Condition Subsequent In Conveyance In Consideration Of Support-Equitable Aid To Owner Of Right Of Entry
Michigan Law Review
Plaintiff, guardian for one Toft, sues to quiet title to land conveyed by Toft to defendant on May 14, 1931, without solicitation or suggestion on defendant's part. Toft at the time was 74 years old. The deed reserved a life estate in Toft, and provided that the grantee was to take care of the grantor during his lifetime. This was all of the grantor's property except about $500. Defendant left after a quarrel on July 5, 1931, but returned a week later and stayed until January 18, 1932, when Toft threatened her life, and she left and has never returned. …
Assignments -Validity Of Gratuitous Written Assignment
Assignments -Validity Of Gratuitous Written Assignment
Michigan Law Review
Deceased took defendant, his son, to a notary and there made and acknowledged written assignments of three mortgages he owned. He handed these assignments to defendant, saying "I give you these. Put them in the safety-deposit box." Defendant went away with the assignments which reappear only after the father's death; they were found in an envelope, marked with defendant's name in deceased's hand, in a safety-deposit box owned jointly by deceased and defendant. Deceased always retained possession and enjoyment of the actual mortgage instruments. Plaintiff, another son, claims these mortgages should be part of deceased's estate. The court held that …
Fixtures - Effect Of Forfeiture Of Lease On Rights Of Conditional Vendor Who Sold Chattels To Lessee Under Title Retention Agreement
Michigan Law Review
L executed a ninety-nine year lease of certain Chicago real estate to T, who agreed to erect thereon, as security for the payment of rent, a building of a certain description and to keep the premises free and clear of all liens arising from the construction of the building. The lease was recorded, and the building was erected with funds procured by the sale of bonds secured by a trust mortgage of the leasehold to E. When completed the building contained, as required by city ordinance, an automatic water sprinkling system, purchased by T from V under a …
Landlord And Tenant-Liability Of Lessee For Breach Of Contract- Measure Of Damages
Landlord And Tenant-Liability Of Lessee For Breach Of Contract- Measure Of Damages
Michigan Law Review
Defendant, lessee under a contract providing for payment of rents monthly in advance, moved out before expiration of the term and gave notice of refusal to comply further with the terms of the lease. Plaintiff, lessor, elected to treat the failure to pay the installment then due as a present breach of the contract and sued for damages. Defendant claimed that the contract had become unilateral after plaintiff's performance in conveying the leasehold which would give grounds for an anticipatory breach which defendant claimed was the theory of plaintiff's action. On defendant's demurrer to the complaint, it was held that …
Municipal Corporations-Regulation Of Gas Stations-Delegation To Property Owners Of Power To Modify Zoning Restrictions
Michigan Law Review
A city ordinance prohibited the installation of gasoline filling stations within the city except after obtaining the written consent of 51 per cent of the property owners within a radius of six hundred feet from the site. Relator, without obtaining the required consent, asked for a writ of mandamus, which was refused. The court held the regulation not arbitrary but substantially relating to the public safety and welfare, and not a delegation of legislative powers. State ex rel. Standard Oil Co. v. Combs, 129 Ohio St. 251, 194 N. E. 875 (1935).
Easements-Implied Grant-Right Of Way-Discontinuous
Easements-Implied Grant-Right Of Way-Discontinuous
Michigan Law Review
Plaintiff's testator owned a tract of land on which there were two houses. In 1897 he sold one house, which came to the defendant by various mesne conveyances. Defendant's property was narrow, the sole means of access to the rear of the house being a driveway, wholly situated on the land retained, now owned by the plaintiff. From the time of its erection all occupants of defendant's dwelling had used the driveway as a means of hauling coal and wood to the rear of the house. Plaintiff sought to restrain this use and defendants claimed an implied easement, by grant, …
Equity-Rescission For Fraud-Equitable Lien In Aid Of Restitution
Equity-Rescission For Fraud-Equitable Lien In Aid Of Restitution
Michigan Law Review
Defendant had an option to buy certain land at $95 per acre. He induced the plaintiff to take 100 acres at $300 per acre by fraudulently representing the land to be of the same value and quality as some he had previously sold her, and by concealing the existence of the option. Defendant used $20,000 of plaintiff's money to purchase and improve another tract of land as a homestead. Plaintiff seeks to have the contract of purchase rescinded and to secure a lien on the homestead. Held, conveyance of the 100 acre tract rescinded and title to it restored …
Specific Performance-Failure Of Vendor's Title
Specific Performance-Failure Of Vendor's Title
Michigan Law Review
The defendant leased his ice plant to the plaintiff with an option to purchase at a certain price and to pay an additional $50 in ice at the market price for the "east 15 ft. of lot 4." The plaintiff exercised the option and performed all the conditions. The defendant failed to execute a deed to the "east 15 ft. of lot 4," claiming that he did not own it, although he had accepted part of the purchase price for the parceI not owned and it was necessary for the operation of the ice plant. In an action for specific …
Subrogation-Rights Of Ward In Security For Debt Of Guardian Discharged By Diverted Fund
Subrogation-Rights Of Ward In Security For Debt Of Guardian Discharged By Diverted Fund
Michigan Law Review
S, guardian for some minor children, used $ 1200 of their money without order of court for the discharge of a mortgage on land belonging equally to himself and the wards. Plaintiff, obtaining a judgment against S, levied on his apparent half-interest in the land and purchased it at the execution sale for the balance due on the judgment. In partition proceedings the wards set up the unauthorized use of their money and claimed a lien for $600 on plaintiff's interest. Held, since the plaintiff gave no consideration except the satisfaction of an antecedent debt, it is …
Future Interests-Rule Against Perpetuities-Application To Estate Created Under Power Of Appointment By Will Only
Michigan Law Review
The testator died in 1872 leaving to testatrix in trust certain property over which she was given a general power of appointment by will. The testatrix died in 1928 leaving this property in a trust which was found to violate the rule against perpetuities. In discussing this, the question was raised whether in testing the validity of the estate created by the power of appointment, the period of the rule is calculated from the time of the creation of the power of appointment or from the time of its exercise. Held, that the permissible period is to be measured …