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Articles 631 - 660 of 747
Full-Text Articles in Property Law and Real Estate
Tax Exemptions Of American Church Property, Carl Zollmann
Tax Exemptions Of American Church Property, Carl Zollmann
Michigan Law Review
The exemption from taxation of public property in the various states of the Union rests on reason and presents no difficulty. If a state were to tax its own property or the property of the counties, cities, towns and villages created by it, the burden of the ultimate taxpayer would not be lightened in the least. Since such property is not only acquired but also maintained at public expense the money necessary for this purpose must in any case be ultimately paid by the owners of private property. An attempt to tax public property would only make the bookkeeping of …
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Michigan Law Review
Estates in Fee Tail - Quite generally estates in fee tail under the STATUTE DE DONIS were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied. See the states classified according to the character of the legislation in BREWSTER, CONVEYANCING, § § 142, 143.
Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood
Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood
Michigan Law Review
A collection of recent important court decisions and book reviews.
Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter
Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter
Michigan Law Review
Dean Pound Harvard has honored itself in the appointment of Roscoe POUND to the deanship of its law school
Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat
Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat
Michigan Law Review
Attempt, Assault, and Assault with Intent - The case of State v. Lewis, decided in October, 1915, by the Supreme Court of Iowa, has an interesting bearing upon the law of assault and of criminal attempts. Two men, Tropp and Cox, observed a third, Dunlevy, asleep on a cot with a pocketbook under his pillow. Tropp armed himself with a leather sap and a loaded revolver and moved quietly to the head of the cot, when Dunlevy, feeling the presence of some one in the room, sprang to his feet. Tropp fled from the room with Dunlevy after him, but …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Edwin C. Goddard, Edgar N. Durfee, Thomas H. Westlake
Note And Comment, Edwin C. Goddard, Edgar N. Durfee, Thomas H. Westlake
Michigan Law Review
The Death of Dean Thayer - The death on September 15th of Ezra Ripley Thayer, dean of the Harvard Law School, has brought irreparable loss not only to the institution which he had brilliantly served, but to the cause of legal education throughout the country. Dean Thayer was the rarely fine product of conditions and environment which have been perhaps the most richly fruitful that our nation has known. The son of a most distinguished legal scholar and teacher, he grew up in association with much that was best and most inspiring in Massachusetts and in the great university from …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Nature And Importance Of Legal Possession, Joseph W. Bingham
Nature And Importance Of Legal Possession, Joseph W. Bingham
Michigan Law Review
To impress these unfamiliar facts on our consciousness, so that we shall not lose sight of them during the rest of our discussion, so that we shall not slur them or cloud them by vague use of symbolic ideas or terms concerning property and title, let us repeat the essence of the legal situation. Jackson is the holder of a fee simple acquired tortiously. His title to that fee--i. e. the facts which would induce the courts upon occasion to give him the remedies "vindicating" the existence of this vested fee in him--consist in his actual exclusive use and control …
Powers Of American Religious Corporations, Carl Zollmann
Powers Of American Religious Corporations, Carl Zollmann
Michigan Law Review
Religious corporations in the United States have assumed various shapes. The original two forms, (corporation sole and territorial parish) being unsuited to our conditions, have completely passed away. In their stead have grown up four other classes, the aggregate corporation, the trustee corporation, the modern form of the corporation sole, and the Roman Catholic Church in our insular possessions. These four kinds of corporations, however diverse they may be in their history and otherwise, have a number of important qualities in common. None of them are ecclesiastical corporations in the European sense of the word. All of them owe their …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Nature And Importance Of Legal Possession, Joseph W. Bingham
Nature And Importance Of Legal Possession, Joseph W. Bingham
Michigan Law Review
The careful student of our law of property needs no demonstration of the importance of legal possession. From before the date of the earliest year book the word possession and its synonym seisin have pervaded legal language and have signified matters of great consequence in the decision of cases. "In the history of our law," say Pollock and Maitland, "there is no idea more cardinal than that of seisin. Even in the law of the present day it plays a part which must be studied by every lawyer; but in the past it was so important that we may almost …
Note And Comment, Hollis Harshman
Note And Comment, Hollis Harshman
Michigan Law Review
Breach of Landlord's Covenant as Defense to Action for Rent - It is undoubtedly well settled that if the agreement to pay rent is dependent upon the performance by the landlord of some undertaking on his part, the failure by the landlord so to perform is a good defense to an action for the rent. It is equally well settled that if the agreements are independent such failure by the landlord is no defense. The difficulty arises in determining whether the agreements are dependent or independent. That question is one of construction, and it cannot be expected that all the …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr
Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr
Michigan Law Review
The Use of Multiple in Determining the Value of Railroad Lands - The case of Chicago & N. W. Ry. Co. v. Smith et al., decided by the United States District Court for the District of South Dakota and reported in 21o Fed. 632, contains an interesting suggestion as to the means to be employed in determining the value of lands used for railway purposes, which 'Was not, however, accepted by the court.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Joseph H. Drake, Hollis Harshman, Marcy K. Brown, Leslie C. Mcclelland
Note And Comment, Joseph H. Drake, Hollis Harshman, Marcy K. Brown, Leslie C. Mcclelland
Michigan Law Review
The Law School opens with an attendance of 500, the decrease from last year's numbers (on account of the increased requirements for admission) being less than was anticipated.
Content Of Covenants In Leases, Harry A. Bigelow
Content Of Covenants In Leases, Harry A. Bigelow
Michigan Law Review
In determining what covenants in a lease will run so as to be enforceable by or against the assignee of the lessee or lessor, the formula that has been consecrated to this problem is that the covenant "must affect the nature, quality, or value of the thing demised or the mode of occupying it." This phrase which was used by Lord ELLENBOROUGH in Congleton v. Pattison is an expansion of the statement in Spencer's case that such a covenant must "touch or concern the thing demised." A second statement not so frequently quoted is that of that "if it be …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Registration Of Land Titles, John R. Rood
Registration Of Land Titles, John R. Rood
Michigan Law Review
It is proposed in this paper to consider some of the advantages and disadvantages of the older system of no registration, the later system of registering the instruments of conveyance, and the latest system of making the title depend entirely on a recorded adjudication that it is thus and so, which absolutely displaces all former titles-adjudicated or otherwise. It is also proposed to consider some of the reasons why the older systems persist.
Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler
Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler
Michigan Law Review
Interstate Commerce and State Control Over Foreign Corporations - Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall
Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall
Michigan Law Review
What is a Public Purpose Justifying the Expenditure Therefore of Money Raised From Taxation - A recent Ohio case raises a question which is frequently discussed in connection with the activities of cities, i. e., 'what is a municipal or public purpose for the accomplishment of which city funds raised from taxation may be expended. The council of the city of Toledo passed an ordinance authorizing the expenditure of $1000 for the purpose of establishing a municipal moving-picture theater. The auditor refused to pay over to the director of public service the fund thus appropriated and mandamus was sought by …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
Attachment - Property in Custodia Legis; Bankruptcy - Promise After Adjudication to Pay Dischargeable Debt; Bills and Notes - Provision for Extension of Time of Payment; Bills and Notes - Transfer as Collateral for Pre-Existing Debt; Carriers - Ticket Not Conclusive Evidence of Contract of Carriage; Constitutional Law - Race Discrimination in Selection of Jury; Corporations - Rights of Pledgor of Stock; Courts - English the Official Language of the Phillippines; Evidence - Declarations as to Pedigree; Evidence - Expert Testimony; Husband and Wife - Power of Husband to Dispose of his Personalty by Gift Causa Mortis; Insurance - Liability …
Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Robert L. Mayall, Charles A. Wagner, Hester E. Yntema
Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Robert L. Mayall, Charles A. Wagner, Hester E. Yntema
Michigan Law Review
The Effect of the Carmack Amendment to the Hepburn Act Upon Limitation by Common Carrier of the Amount of their Liability - Two cases, decided by the Supreme Court of the United States on March 10, 1913, may be considered together. They are developments of the cases reviewed in II MICH. L. Rev. 460. Plaintiff shipped two boxes and a barrel of 'household goods" under an agreement that the goods, in case of loss, should be valued at $5 per hundred-weight. One box, weighing not over 200 pounds and actually worth $75, was lost. The Supreme Court of Arkansas affirmed …
Note And Comment, Joseph H. Drake, Frederick R. Shearer, Jack M. Hendrick, Peter Balkema, Wilson W. Mills
Note And Comment, Joseph H. Drake, Frederick R. Shearer, Jack M. Hendrick, Peter Balkema, Wilson W. Mills
Michigan Law Review
Pecote: A Bit of Legal Archaeology - -In the case of Pusey v. Pusey, I Vern. 273 (1684), the "bil was, that a -horn, which time out of mind had gone along with the plaintiff's estate, and was delivered, to his ancestors in ancient times to hold their land by, might be delivered to him; upon which horn was the inscription, viz. pecote this horn to hold huy thy land." The bill was demurred to in that the plaintiff did not by his bill pretend to be entitled to this horn, either as executor or devisee; nor had he in …
Note And Comment, Ralph W. Aigler, Robert L. Mayall, Sidney E. Doyle, Burke W. Shartel
Note And Comment, Ralph W. Aigler, Robert L. Mayall, Sidney E. Doyle, Burke W. Shartel
Michigan Law Review
The Character of User In Prescription - As the possession of the claimant in a case of adverse possession must be shown to have been adverse in order to ripen into title, so also must the user in prescription be shown to have been adverse during -the endure prescriptive period. As to the burden of proving the adverse character of the possession in the first case there seems to be doubt whether there is a presumption of adverseness by showing open possession and acts of ownership, or whether there is a burden upon the claimant to go further. See 2 …
Recent Important Decisions
Michigan Law Review
Bankruptcy - Judgment for Breach of Promis, Aggravated by Seduction, Not Dischargeable - Petitioner 'had secured a judgment against the bankrupt for the breach of a promise to marry, seduction under such promise having been pleaded in aggravation of damages; the common law rule prevails in New York and a woman may not maintain an action for her own seduction. The District Court (196 Fed. 571), viewing this as a judgment grounded solely in contract, and not in tort as "for -will-ful and malicious injury to the person or property of another," or for "seduction of an unmarried female," held …
Recent Important Decisions
Michigan Law Review
Bankruptcy - Jurisdiction of the District Court Exclusive Within Its District - A trustee in bankruptcy appointed, by the District 'Court for the District of Illinois filed a petition in the District Court for the Western District of Michigan for a summary order to require the respondent to surrender to the trustee certain moneys claimed as the property of the bankrupt. The respondent was a resident of the Eastern District of Michigan, and denied the jurisdiction of the court to issue an order to be enforced in another district. Held that the jurisdiction of the District Courts, in all bankruptcy …