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Articles 601 - 630 of 747
Full-Text Articles in Property Law and Real Estate
Trusts-When Agent May Purchase Or Lease For Himself
Trusts-When Agent May Purchase Or Lease For Himself
Michigan Law Review
A recent Michigan case has suggested the question: When and under what circumstances may an agent or other fiduciary purchase or lease property for himself, and when will he be decreed a trustee thereof? In this case A owned real estate in Detroit. P and his partners, subtenants, made an offer for a long term lease through D, who appears to have been a special agent with the sole duty of presenting the offer. It was rejected, finally and absolutely, without fraud or collusion on the part of D. Almost immediately D made an offer on his own behalf which …
Boundaries On Highways
Michigan Law Review
When the subject matter of a conveyance is sought to be identified by reference to boundaries indicated by monuments of appreciable width, inevitably the question arises as to the particular part of the monument which is to control. It is agreed that prima facie the center point or line is to be taken. There is in this rule the practical value of ascertainable certainty; besides, it has, an inherent reasonableness that commends it. The rule, however, should not be applied when a result would be produced that would not accord with what other considerations show pretty clearly must have been …
Redemption From Foreclosure Sale--The Uniform Mortgage Act, Edgar Noble Durfee, Delmar W. Doddridge
Redemption From Foreclosure Sale--The Uniform Mortgage Act, Edgar Noble Durfee, Delmar W. Doddridge
Michigan Law Review
If it be objected that our proposal is wholly novel and that it is the function of the Uniform Act merely to codify existing law, changing it only in so far as is necessary to remove conflicting rules, we would answer that codification in a strict sense is impossible in a field which presents so many conflicting views as that before us. We also believe that the objection is less forceful when the existing law is wholly statutory and half our states have no such law. And we understand that the commissioners have more and more abandoned the strict ideal …
The Remedies Of A Landlord Against A Subtenant
The Remedies Of A Landlord Against A Subtenant
Michigan Law Review
As against the assignee of the lessee the landlord at common law has practically the same remedies that he had against the original lessee. He can distrain on goods found on the leased premises, to secure rent which is in arrears, 2 TIFFANY, LANDLORD AND TENNANT, § 328; and he has the right to re-enter on breach of expressed condition. 2 TIFFANY, LANDLORD AND TENANT, § 194h. As there is privity of estate between the parties, the landlord can recover for breaches of those covenants in the lease, which run with the land. These primarily are those which touch and …
Torts-Use Of Force To Expel Trespassers-Defences
Torts-Use Of Force To Expel Trespassers-Defences
Michigan Law Review
One of the most elementary and fundamental principles of the law of torts is that one in the lawful possession of premises may remove trespassers therefrom, using therefor so much force as is reasonably necessary. This is but a correlative of the right of an owner to have the free and undisturbed possession of his premises. The enunciation of this universally accepted rule furnishes a starting point, or basis, for an answer to the query, what is reasonable force? There can be no doubt as to the owner's liability for excessive or unreasonable force employed in ejecting a trespasser. Emmons …
The Rights Of The Landlord Upon Abandonment Of The Premises By The Tenant, Charles T. Mccormick
The Rights Of The Landlord Upon Abandonment Of The Premises By The Tenant, Charles T. Mccormick
Michigan Law Review
The situation which presents itself to the landowner when the tenant defaults in his rent and withdraws from the premises, if the condition has not been foreseen and adequately provided for in the lease contract, may give rise to some perplexities. In the absence of a contract or a statute entitling him to do so, the landlord has no power to terminate the lease for non-payment of rent ; frequently, however, there is a possibility that the defaulting tenant may be financially able to respond for the rent or for such loss as the landlord may sustain for the remainder …
Property Rights In Church Pews
Property Rights In Church Pews
Michigan Law Review
A recent Pennsylvania decision, Zernosky v. Kluchinsky (Pa. 1923) 122 Atl. 262, lays down the rule that where the trustees of a church rent a pew to a parishioner without the consent of the priest in charge, when such consent is required by the ecclesiastical law, the transaction is of no effect and the ecclesiastical law will be followed by the court. This is the general rule as applied to conditions attached to the renting of pews, Atty. Gen. v. Meetinghouse, 3 Gray (Mass.) 1; French v. The Old South Society, 100 Mass. 479, but the interesting point …
Aliens-Right To Own Or Lease Land-Effect Of "Equal Protection" Clause
Aliens-Right To Own Or Lease Land-Effect Of "Equal Protection" Clause
Michigan Law Review
Right of alien residents under the "equal protection" clause of- the federal Constitution received further delimitation in the Alien Land Law Cases, decisions handed down last November. Terrace v. Thompson (U. S. 1923), Adv. Ops. 35, and Porterfield v. Webb, Adv. Ops. 42. In the former case the court was concerned with a Washington statute passed to enforce a provision in the Washington constitution that forbade the ownership of land by any aliens other than those who had in good faith declared their intention to become citizens. The California statute in the second case differed chiefly in limiting its …
Real Property-Alienation-Limitation
Real Property-Alienation-Limitation
Michigan Law Review
In the field of property as in that of personal rights (including contract) we still encounter occasionally the specter of certain supposedly absolute rights. The courts have had to declare often enough that the owner's rights of use are limited by the like rights of other owners, by considerations of public policy, public convenience, etc.; it is not so often that a court deals explicitly with the limitations upon an owner's power of disposing and leasing his property. In Terrace v. Thompson, recently decided by the United States Supreme Court (Nov. 12, 1923) it was urged by a United …
Statutory Regulation Of Railway Equipment Agreements, Kenneth Duncan
Statutory Regulation Of Railway Equipment Agreements, Kenneth Duncan
Michigan Law Review
Form of Equipment Contracts. A large part of the rolling stock and equipment obtained by railroads in the United States and Canada is financed through the issue of equipment obligations. At the present time, approximately three-quarters of a billion dollars, par value, of these securities are outstanding, and they have come to constitute about six per cent. of the aggregate funded debt of railroads. Yet in spite of their large and growing importance, they are probably not as well understood as other common forms of corporate securities, and it is doubtful if many lawyers are fully cognizant of the …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Artisans' Liens Competing With Claims Of Conditional Sale Vendor Or Chattel Mortgagee
Artisans' Liens Competing With Claims Of Conditional Sale Vendor Or Chattel Mortgagee
Michigan Law Review
The privilege of the artisan or materialman who has performed services or furnished materials in respect of a chattel in his possession to withhold such possession until paid the amount of his charges may be an effective security. Likewise, a chattel mortgagee or conditional vendor may be quite secure. But when a mortgagor or conditional vendee in possession has bailed the chattel to one whose services entitle him, either under the common law or a statute, to a lien for his charges therefor, there are plenty of chances for trouble. Liens being an invasion upon or subtraction from the totality …
Deeds--By And To Infants--Effecti Of Disaffirmance
Deeds--By And To Infants--Effecti Of Disaffirmance
Michigan Law Review
The disaffirmance of a contract made by an infant nullifies it and renders it void ab initio; and the parties are returned to the same condition as if the contract had never been made. Grissom v. Beidleman, 35 Okla. 343. This states the general rule both as to executed and executory contracts, and is particularly applicable to transfers of personal property. WILLISTON, CONTRACTS, § 237; PAGE, CONTRACTS, ed. 2, § 1622. Does this principle apply also to conveyances of real property? Does disaffirmance of a deed by or to an infant ipso facto nullify it and revest the …
Landowner V. Intruder; Intruder V. Landowner. Basis Of Responsibility In Tort., Leon Green
Landowner V. Intruder; Intruder V. Landowner. Basis Of Responsibility In Tort., Leon Green
Michigan Law Review
The struggle of the concept of moral blameworthiness to supplant the primitive notion that a person acts at his peril as a basis of responsibility in the field of tort touches every nook and cranny of the common law. The necessity of making use of the same procedure by which the older concept was developed has proved a great hindrance in the way of a quick and complete conquest by the notion of responsibility based upon fault. Negligence cannot yet claim a complete mastery over trespass in the field of unintended violent harms. Nevertheless, in so far as a change …
Constitutional Law--Police Power, Regulation, And Confiscation
Constitutional Law--Police Power, Regulation, And Confiscation
Michigan Law Review
Whether the power be taken away directly, or be deadened and atrophied in its action by adverse criticism and demagogic clamor, when the judiciary no longer feel at liberty to construe the provisions of the fundamental Law 'in the light of reason,' constitutional government, in the sense in which it has been understood for a century and a half, will be at an end, and the doctrine of the police power will have been swallowed up in the capacious maw of unrestrained democracy." 27 HARV. L. REV. 316. Mr. Wickersham penned this warning during the period when the swell of …
The Law Of Property Act, 1922, Joseph Warren
The Law Of Property Act, 1922, Joseph Warren
Michigan Law Review
The English law of property legislation, which has been pending for over two years, was passed June 29 last. It will take effect January 1, 1925. For a century the reform of the law of real property has been a burning question in England-far more so than with us. Judges, lawyers, solicitors, conveyancing experts have all taken an active part. Learned societies have spoken through committees and royal commissions have reported. Piece by piece many of the antiquities have been abolished. But no reform is as far-reaching as the present act. In January, 1919, the Acquisition and Valuation of Land …
Descriptions In Conveyances
Michigan Law Review
Few of the general public realize how much trouble people pile up for themselves and others by having, in the interest of economy, deeds ,and other legal documents drawn up by unskilled draughtsmen. The readily accessible prepared form which looks so easily filled in, is a constant invitation to this practice. In the field of conveyances it is peculiarly important that the instruments be carefully and wisely drawn, for the possible troubles arising from careless or unskillful preparation are not limited to the original parties. Every lawyer has had frequent occasion in the examination of titles to land to consign …
Some Greek Legal Papyri From The Michigan Collection, A Er Boak
Some Greek Legal Papyri From The Michigan Collection, A Er Boak
Michigan Law Review
The documents which form the subject of this paper are part of the Michigan Collection of Papyri recently acquired by Professor F. W. Kelsey in Egypt and secured for the University by the generosity of the Regents and certain friends and alumni, among the latter Mr. J. W. Anderson, of the Law Class of 189o. A large proportion of these documents are of a legal nature, and from these I have selected for translation four, which may be regarded as typical specimens of their respective classes.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
No abstract provided.
Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess
Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess
Michigan Law Review
In the half century of public regulation of railroads in the United States, regulatory legislation has dealt primarily with functions incident to the operation of existing enterprises. The basic concept has been that railroad corporations as common carriers have voluntarily assumed obligations to the public which the public has a right to require to be performed.
Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris
Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris
Michigan Law Review
The Basis of Relief from Penalties and Forfeitures - The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Carriers of Passengers - Duty to Stop at Station to Permit Passenger to Alight-Contributory Negligence of Passenger Plaintiff's intestate was riding in the front end of a crowded vestibule car in the coach next to the tender of the eengine. When the train stopped at his station he tried to leave by the front end, but found the door from the vestibule closed. As he did not know how to open it, or was unwilling to be carried by his station, he stepped from his platform to the bumper of the tender and tried to follow it to the side …
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Michigan Law Review
Books in general, law books in particular, are like people. Most of them are ordinary, some useful, some not, but if they had not appeared they would not have been greatly missed, having appeared they will live their few years and at least seem to be forgotten. A few are so outstanding that they make a strong impress on their time and live on beyond the period of a life. If not great they have great influence and make notable contributions. Among the notable books of our time in the field of property law may be mentioned Jarman on Wills …
The Suspension Of The Absolute Power Of Alienation, Oliver S. Rundell
The Suspension Of The Absolute Power Of Alienation, Oliver S. Rundell
Michigan Law Review
In his Nature and Sources of Law, John Chipman Gray says, "The Common Law has often been reproached with the lack of precision and certainty in its definitions, but, in truth, it is a great advantage of the Common Law, and of the mode of its development by judicial decision, that its definitions are never the matters resolved by the cases; they are never anything but dicta. If at the end of the sixteenth, or of the seventeenth, or even of the eighteenth century, there had been definitions binding by statute on the Courts; if the meaning of 'contract', and …
Book Reviews, Herman W. Oliphant, Ralph W. Aigler
Book Reviews, Herman W. Oliphant, Ralph W. Aigler
Michigan Law Review
The Law of Contracts. Samuel Williston, Weld Professor of Law in Harvard University. New York. Baker, Voorhis & Co., 192o. In four volumes. Vol. I, pp. xxiii, 1155, Vol. II, pp. xxi, 1157-2329
Extension Of Liability Of Abstracters, Harry R. Trusler
Extension Of Liability Of Abstracters, Harry R. Trusler
Michigan Law Review
The General Rule.- In 1900 a standard encyclopedia said: "By the weight of authority an abstracter is liable only to the person ordering and paying for the abstract; and where this view obtains, the fact that an abstracter has knowledge that his abstract is to be used in a sale or loan to advise a purchaser or person about to lend money does not affect the rule as to his liability. In some jurisdictions, however, the abstracter's liability has been extended to protect those who, relying on the correctness of the abstract, are injured."
Delivery And Acceptance Of Deeds, Herbert T. Tiffany
Delivery And Acceptance Of Deeds, Herbert T. Tiffany
Michigan Law Review
It is proposed, in the first part of this paper, to consider the nature of the delivery of a deed, more particularly a deed of conveyance, and the facts and circumstances which the courts have regarded as justifying an inference of delivery. The second part of the paper will be devoted to a consideration of the necessity of the acceptance of a deed, in addition to delivery, in order that it may have a legal operation.
Equitable Servitudes, George L. Clark
Equitable Servitudes, George L. Clark
Michigan Law Review
Specific performance of restrictions upon property before Tulk v. Moxhay. Before the decision in Tulk v. MoXhay 2 a contract not to use land in a particular manner was treated by equity courts in the same way as were other negative contracts; if the plaintiff was so injured in the enjoyment of his own land that damages at law did not furnish an adequate remedy, equity would specifically enforce the contract by granting an injunction against the promisor.8 The right thus to control the use of the property in the hands of the promisor can hardly be classified as other …
How A Conditional Limitation Operates, Harold M. Bowman
How A Conditional Limitation Operates, Harold M. Bowman
Michigan Law Review
Whenever, a freehold is limited to take effect upon a contingency which may happen before the regular expiration of the preceding estate of freehold, it takes effect in defeasance of such interest. The executory limitation thus operating cuts off the prior interest abruptly. By the "intrinsic force" of the executory limitation the preceding estate is terminated. The gift over operates to destroy, to divest,' in defeasance of the prior gift. In the words of LORD LANGDALE, Master of the Rolls, in Jackson v. Noble 2 the preceding estate is "defeated by a contingent executory gift over."