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Articles 511 - 540 of 747
Full-Text Articles in Property Law and Real Estate
Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches
Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches
Michigan Law Review
May the littoral owner whose summer cottage abuts on one of the Great Lakes bring actions of trespass quare clausum against pedestrians who traverse the sand beach which lies at the aquatic terminus of his property? To state the same problem in different form, may he build a lateral line fence designed to exclude the public from that segment of the lake-side beach which he claims as his? The question has never been directly decided by the supreme court of any State, yet it is a source of constant strife between littoral owners who desire privacy and seclusion, and strolling …
Taxation - Priority Of Realty Taxes In Receivership
Taxation - Priority Of Realty Taxes In Receivership
Michigan Law Review
The question of the priority of realty taxes has seldom arisen in receiverships, for the statutes in practically every jurisdiction have made the tax a lien on the land. The statutes are so worded that the tax lien takes precedence over mortgages, labor liens, and all other forms of encumbrances and claims. In times of greatly depleted land values it may happen that the unpaid taxes amount to more than the market value of the property. In such a case is the State to be treated as a general creditor for the amount of the deficiency or is it to …
Life Estates - Oil And Gas -Effect Of Lease By Life Tenant
Life Estates - Oil And Gas -Effect Of Lease By Life Tenant
Michigan Law Review
The plaintiff, a remainderman, granted an "oil and gas lease to X, subject to the rights of the tenant by curtesy, Anderson. Anderson, seven years later, granted an "oil and gas lease" in the same premises to Y. Eventually both leases were acquired by the defendant who entered upon the land and drilled for oil. Anderson contended that he was entitled not only to the royalty stipulated in the lease made by him, but also to receive for his lifetime the income from the proceeds of the sale of the royalty for which the remainderman stipulated. The defendant …
Easements - Creation By Implied Grant-Land Conveyed For A Specific Purpose
Easements - Creation By Implied Grant-Land Conveyed For A Specific Purpose
Michigan Law Review
The defendant owned property next to a lake which he subdivided into residential lots for the purpose of establishing a summer resort colony. In 1924 he sold one of the lots some distance back from the lake to the plaintiff, and during the negotiations for such sale it was represented that all the lots which bordered on the lake, both in front of and on both sides of the plaintiff's lot, would be improved as a park, that no buildings would be put upon them, and that the plaintiff would have a quiet summer home with an unobstructed view of …
Vendor -Purchaser-Prospective Inability Of Vendor To Convey
Vendor -Purchaser-Prospective Inability Of Vendor To Convey
Michigan Law Review
In a contract for the sale of sixty-three lots of a subdivision, the defendant agreed to take the purchase money by installments extending over a period of eighteen months, and promised to convey the premises free from encumbrances when twenty-five per cent of the sale price was paid. While the plaintiff was not in default the defendant mortgaged the entire subdivision to one who was not charged with notice, to secure the payment of bonds some of which did not mature for five years. Stipulations m the mortgage allowed the release of any lot on deposit with the mortgagee of …
Finders -Lost Article In Taxicab
Finders -Lost Article In Taxicab
Michigan Law Review
X and Y, government agents, were taking A and B, bribery suspects, to the station in a taxicab. X thought he saw A drop something on the floor. When the cab reached its destination X picked up, from under the collapsible seat, a roll of bills, the ownership of which A denied. The bills were subsequently used in evidence against A and B. Petitioner, the driver of the cab, now claims the money on the ground that it was found on the floor of his cab and the real owner had not appeared. Held, petition dismissed because …
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Michigan Law Review
County officials forcibly ejected plaintiff from five acres of his land, harvested and used plaintiff's oat crop thereon, and converted the land into a road. Held, that although a county, being an agency of the State, is not liable in tort in the absence of statute, the tort may be waived and recovery allowed on the implied promise to pay for the taking of private property for public use without just compensation. Kerns v. Couch, (Or. 1932) 12 Pac. (2d) 1011.
Contracts - Champerty
Michigan Law Review
Plaintiff leased her lands to defendant under a void oil and gas lease. One Johnston induced plaintiff to enter into a contract with him whereby Johnston agreed to pay the costs of a bill to cancel the lease in return for a new lease to himself should the bill be successful. Accordingly, this suit was brought to cancel the lease. The court, agreeing that the existing lease was void, nevertheless dismissed the bill on the ground that the contract between Johnston and plaintiff was void as against public policy, and that plaintiff had no standing in equity. Of the eight …
The Meaning Of "Heirs" In Willsa Suggestion In Legal Method, Lewis M. Simes, Lorentz B. Knouff, George E. Leonard Jr.:
The Meaning Of "Heirs" In Willsa Suggestion In Legal Method, Lewis M. Simes, Lorentz B. Knouff, George E. Leonard Jr.:
Michigan Law Review
A major task of the lawyer is the prediction of judicial action. No less than a quarter of a century ago Justice Holmes referred to the law as a body of "systematized prediction." Today legal scholars are not content to base their predictions solely upon the body of rules announced in judicial opinions. By means of elaborate fact studies they have sought to ascertain how rules of law actually function in society. Not only have these studies dealt with problems of procedure and the administration of courts, they have also invaded the fields of commercial and property law. Among such …
Vendor And Purchaser-Right Of Purchaser To Exoneration As To A Prior Vendor's Lien
Vendor And Purchaser-Right Of Purchaser To Exoneration As To A Prior Vendor's Lien
Michigan Law Review
The case of McClure v. Southfield Woods Corporation, decided by the Michigan supreme court last year, raised an interesting question as to whether a contract vendee of land which is included in a tract subject to a pre-existing vendor's lien has a right of exoneration against his vendor as to such incumbrance. The plaintiff in that case had sold land to the Southfield Woods Corporation by a contract which provided for joinder of the vendor and vendee in a subdivision plat and for release of any lots from the vendor's lien upon payment of a stipulated sum, in addition …
Mortgages-Given Without Consideration But Intended As Gift
Mortgages-Given Without Consideration But Intended As Gift
Michigan Law Review
Statements that no mortgage is good unless there is consideration therefor are common; but that such statements are entirely true is very doubtful. Jones, in his book, Mortgages, makes such a statement, and then in the same section tells us that a mortgage intended as a gift will be enforced against all but prior creditors of the mortgagor. Wiltsie, in his book, Mortgage Foreclosures, states that want of consideration is a good defense, with some exceptions which are not clearly indicated. And Tiffany, in his work on Real Property, suggests that although a mortgage without consideration might be valid as …
Non-Assignment Provisions In Land Contracts, Edwin C. Goddard
Non-Assignment Provisions In Land Contracts, Edwin C. Goddard
Michigan Law Review
Many a sale of real estate is made to a purchaser who lacks the ready cash to pay the price. A deed of conveyance may be given with a mortgage back for the unpaid portion of the purchase price. But more and more in recent years the vendor has given a contract to convey conditioned upon the making of periodical payments of stipulated amounts, a deed to be given when the whole or a stated portion of the purchase price has been paid. The initial payment may be very small, and not infrequently the periodic payments are little more than …
Pleading - Joinder Of Parties - Successive Converters
Pleading - Joinder Of Parties - Successive Converters
Michigan Law Review
A chattel mortgagee brought an action for conversion against successive purchasers of mortgaged property, wrongfully sold by the mortgagor. Held, the joinder was improper. Each defendant was guilty of a separate conversion giving rise to a separate cause of action. They cannot be joined as each cause does not affect both defendants. Warren, J., dissented, Northern Finance Corp. v. Midwest Commercial Credit Co. et al. (S. D. 1931) 239 N. W. 242.
Railroads-Right To Drill For Oil Or Gas On Right Of Way
Railroads-Right To Drill For Oil Or Gas On Right Of Way
Michigan Law Review
A railroad had acquired a one-hundred-foot strip of land through a farm, the deed describing the land granted by metes and bounds, and "for railroad purposes only." For fifty years the defendant has continuously used the strip for railroad purposes. The plaintiff, who became owner of the farm and successor to whatever rights in the strip remained to his grantor, sought to enjoin the defendant from drilling for oil and gas in the strip. Held, that the railroad had purchased a fee simple absolute in the strip and was therefore entitled to develop its own minerals. Quinn v. Pere …
Mortgages -Assignment In Good Faith After Maturity Cuts Off Prior Latent Equities
Mortgages -Assignment In Good Faith After Maturity Cuts Off Prior Latent Equities
Michigan Law Review
M executed a negotiable note payable to the order of P, secured by a mortgage. After maturity, P assigned the note and mortgage without his indorsement to X for value. Y procured an assignment of these from X by fraud and in turn assigned them to Z, a purchaser without notice and for value. In Z's suit to foreclose the mortgage, X intervened, demanding the delivery of the same to himself. Held, Z's bona fide purchase cut off X's latent equity. Frank v. Brown, 255 Mich. 415, 238 N. W. 237 (1931).
Property - Ownership Of Land
Michigan Law Review
In a suit to foreclose a purchase-money mortgage, the defendant counterclaimed for a breach of covenant against incumbrances on the ground that a right had been acquired to construct a sewer across the premises at a depth of over 150 feet. The court held that this was not an incumbrance within the covenant as title did not extend to a depth beyond which the owner might reasonably use. Boehringer v. Montalto, 254 N. Y. S. 276 (1931).
Quasi-Contracts -Assumpsit For Use And Occupation Against A Trespasser In Modern Cases
Quasi-Contracts -Assumpsit For Use And Occupation Against A Trespasser In Modern Cases
Michigan Law Review
Perhaps the doctrine of stare decisis is sometimes deserving of severe criticism in its application to matters of substantive law; but the unfortunate results of uncritical adherence to precedent appear most clearly in regard to rules of procedure, where the demand for certainty cannot be justified by a supposed reliance of laymen on "settled" rules. The evils are aggravated where inconvenient decisions are not undermined or their effects evaded by the lawyer's typical process of "distinguishing'' cases. A forcible illustration is the firm refusal of most courts to extend quasicontractual relief to cases of use and occupation of land by …
Bailments - Innkeepers - Liability For Loss Of Baggage
Bailments - Innkeepers - Liability For Loss Of Baggage
Michigan Law Review
Plaintiff, a guest at defendant's hotel, on his arrival there gave his trunk check to the head porter who, in turn, gave the check to a licensed expressman. Due to the expressman's negligence the trunk was stolen. At the trial it was shown that it was customary for the defendant to make a separate charge for trunk delivery. Held, defendant was liable for the negligent performance of the contractual duties by the expressman. Davidson v. Madison Corp. (N. Y. 1931) 177 N. E. 393.
Licenses - Revocability Of Executed License - Fraud On Licensee
Licenses - Revocability Of Executed License - Fraud On Licensee
Michigan Law Review
Plaintiff and defendant were owners of adjoining city lots. At plaintiff's suggestion they constructed a common driveway, half on each lot, defendant refusing, however, to exchange reciprocal deeds therefor. Plaintiff built his house and garage to conform to the location of the drive. After long-continued use, defendant blocked his half of the drive. Inasmuch as building a new drive entirely on his own land would necessitate expensive structural changes in his house and garage, plaintiff sought an injunction. Held, that plaintiff had only a license, revocable even though acted upon, and that defendant's revocation was not such a fraud …
Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding
Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding
Michigan Law Review
The American decisions in Conflicts of Laws relating to the rights acquired by one spouse in the property of the other by virtue of the fact of marriage stand as a monument to Joseph Story . Almost without exception the cases discussed hereafter have been decided on the basis of his thorough analysis of the law of the Pandects and the eighteenth century civilians. Even where his principles have not been approved, the courts have departed from them only after real and serious consideration. This fact, kept in mind, greatly simplifies the study of the cases themselves.
Mortgages - Foreclosure - Right To Receiver Of Rents And Profits
Mortgages - Foreclosure - Right To Receiver Of Rents And Profits
Michigan Law Review
The plaintiff held a large mortgage on apartment property. Upon default in the payment of principal, interest, and taxes a bill of foreclosure was filed against the mortgagor and her grantees who had taken subject to the mortgage. A clause in the mortgage authorized the appointment of a receiver to collect the rents and profits upon default. After hearing, the mortgagee was appointed receiver on the theory that non-payment of taxes constituted waste. Held, that the appointment was unauthorized. Union Guardian Trust Co. v. Rau, 255 Mich. 324, 238 N. W. 166 (1931).
Waste - Improvement Of Premises By Life Tenant
Waste - Improvement Of Premises By Life Tenant
Michigan Law Review
The possible difficulties of a life tenant and some of the rigid and anachronistic doctrines of the law of waste are suggested by the recent case of Brokaw v. Fairchild, 135 Mis. 70, 237 N. Y. S. 6 (1929); aff'd 231 App. Div. 704,245 N. Y. S. 402 (1930), Finch, J., dissenting; aff'd, 177 N. E. 186 (1931), without opinion.
Bailments - Parking Lots
Michigan Law Review
The defendant operated a parking lot in the business section of the city. There were two entrances and exits, the balance of the lot being enclosed by barriers. B parked his car on the lot, paying twenty-five cents and receiving a ticket which stated: "This ticket must be surrendered when car is taken from lot." Attendants were on duty at all times. It was the custom to leave all cars unlocked and at night to move them near a shack which was occupied by the attendants. The car was stolen, and in a suit against the defendant corporation it was …
Mistake Of Law In Connection With Titles To Land
Mistake Of Law In Connection With Titles To Land
Michigan Law Review
The confusion resulting from hasty and inaccurate generalization is nowhere better illustrated than in the field of mistake of law as to land titles. The doctrine that no relief can be given for mistake of law is constantly re-asserted by respectable authority, particularly in the case of money paid. But the peculiar hardship in the cases of complete failure of title to land has led to a special treatment of these cases, for which the explanations in judicial opinions are unusually obscure.
Alteration Or Replacement Of Buildings By The Long-Term Lessee, Marvin L. Niehuss
Alteration Or Replacement Of Buildings By The Long-Term Lessee, Marvin L. Niehuss
Michigan Law Review
The first Reform Bill of 1832 was at once a symptom and a further cause of momentous changes in English institutions, political and legal, to say nothing of social and ecclesiastical. Many of these were brought about as the result of patient and competent investigations of royal commissions which, though not unknown before the third decade of the nineteenth century, were active to an extent hitherto unheard of during that notable epoch of reform. While a few men of law were among the forward spirits, the bulk of the advance guard were laymen. As a rule judges, barristers and attorneys …
Equity - Power To Rescind Conveyance For Fraud - Survival
Equity - Power To Rescind Conveyance For Fraud - Survival
Michigan Law Review
When a party has been induced by fraud to make a conveyance of real estate, he has a choice of remedies against the defrauding grantee. He may seek restitution of the land or its proceeds in equity or at law on a theory of rescission, or he may affirm the transaction and bring an action for the recovery of damages for the deceit. The actions being logically inconsistent, the granter is not allowed to proceed in both, and must elect whether he will have his property returned to him in specie on his restitution of the price received from the …
Landlord And Tenant -Adverse Possession And Prescription-Based On Holding And User By Tenant
Landlord And Tenant -Adverse Possession And Prescription-Based On Holding And User By Tenant
Michigan Law Review
A tenant who enters under a valid lease can, if he denies his landlord's title, and holds openly, notoriously, and adversely to him for the statutory period, acquire title by adverse possession. But suppose the tenant enters under a void lease and holds for the statutory period, claiming merely under the lease. It seems that there are three possible views as to the legal effect of his holding.
Fixtures - Rights Of Conditional Vendors -Test Of Material Injury To Freehold
Fixtures - Rights Of Conditional Vendors -Test Of Material Injury To Freehold
Michigan Law Review
Plaintiff sued to foreclose a mortgage on a hotel. Defendants were vendors of various pieces of hotel equipment, who apparently had filed title-retaining contracts subsequent to the recording of the realty mortgage. The court found that some of the equipment was not attached to the realty at all, and that the rest could be removed without material in jury to the "freehold." Held, that the title of the conditional vendors prevailed, under N. J. Comp. Stat. supp., secs. 182-93. Bank of America National Ass'n. v. LaReine Hotel Corp. (N. J. 1931) 156 Atl. 28.
Landlord And Tenant- Injuries To Third Persons - Liability Of Landlord
Landlord And Tenant- Injuries To Third Persons - Liability Of Landlord
Michigan Law Review
Plaintiff alleged that she slipped and fell upon vegetable leaves and other refuse on the sidewalk appurtenant to a fruit store owned by Nickolopulos and leased by him to Galante, thereby sustaining injuries. Held, in a suit brought against both landlord and tenant, that plaintiff stated a cause of action against the landlord, and the motion to dismiss the complaint was properly denied. Brovacko v. Nickolopulos et al. (N. J. 1931) 155 Atl. 765.
Bailment - Contest Between A Garage Man Claiming A Lien For Repairs And A Prior Chattel Mortgagee
Bailment - Contest Between A Garage Man Claiming A Lien For Repairs And A Prior Chattel Mortgagee
Michigan Law Review
K purchased an automobile, giving his note secured by a chattel mortgage on the car. P purchased the note. Subsequently, K took the car to the garage of D for repairs. D made the necessary repairs and held the car under claim of a lien. The note was defaulted and P replevied the car. Held, the mortgagor could not contract a debt giving rise to a lien superior to that of the mortgage without the consent of the mortgagee; hence, P recovered. Cleveland Auto Top & Trimming Co. v. American Finance Co. (Ohio 1931) 177 N.E. 217.