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Articles 61 - 78 of 78
Full-Text Articles in Property Law and Real Estate
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.
Adverse Possession-Interests Thereby Created And Extinguished
Adverse Possession-Interests Thereby Created And Extinguished
Michigan Law Review
One F., the owner of premises, executed a lease thereof to T. from year to year. A. took possession under T. as a tenant at will, and remained for more than the period of the statute of limitations. (Under the applicable statute the possession of a tenant at will becomes adverse after the first year.) F. then died and the land was sold by the executors to T. Upon T's death, plaintiff, his successor in interest, brought action to recover possession from the widow of A. who had recently died. The defendant claimed that since she was entitled to notice …
Public Utilities--Valuation Of Leaseholds, R. P. Holland
Public Utilities--Valuation Of Leaseholds, R. P. Holland
West Virginia Law Review
No abstract provided.
Equity-Bill To Remove Cloud From Title
Equity-Bill To Remove Cloud From Title
Michigan Law Review
Plaintiff who was holder of a long term lease on the land and buildings in Chicago known as the Auditorium found that its plans for rebuilding so as to secure a return commensurate with its investment were seriously interfered with by the defendant lessors who took the position that wrecking the old building would constitute such waste as would work a forfeiture of the lease. The publicity of these claims, made the financial underwriters insist on a settlement of them before advances were made. Under this posture of affairs, the plaintiff filed a bill in the United States District Court …
Leases--Renewals And Extensions--Notice, F. L. W.
Leases--Renewals And Extensions--Notice, F. L. W.
West Virginia Law Review
No abstract provided.
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 …
Consent To Assignment Of Lease--Dumpor's Case, Minor Bronaugh
Consent To Assignment Of Lease--Dumpor's Case, Minor Bronaugh
West Virginia Law Review
No abstract provided.
Epithetical Jurisprudence And The Annexation Of Fixtures, Joseph H. Drake
Epithetical Jurisprudence And The Annexation Of Fixtures, Joseph H. Drake
Articles
If we begin with all the facts of a controversy and proceed inductively to determine the rights of the parties litigant, we thus arrive at a jurisprudence of rights, whereas, if we reason deductively from a rule, a definition, or a maxim of law to its application in the facts of our case, we can at best attain only a jurisprudence of rules, which has been so aptly characterized as an epithetical jurisprudence. The subject of fixtures is one in which we have great difficulty in applying the inductive method because the courts have been slower in approaching the subject …
Power Of Wife To Execute A Demise Without A Joinder Of Her Husband In The Lease, L. C.
Power Of Wife To Execute A Demise Without A Joinder Of Her Husband In The Lease, L. C.
West Virginia Law Review
No abstract provided.
The Content Of Covenants In Leases, Ralph W. Aigler
The Content Of Covenants In Leases, Ralph W. Aigler
Articles
Among the many troublesome problems in law those arising out of "covenants running with the land" are not the least It is quite clear that in order for a covenant to "run" there must be an intimacy of relationship between it and the land, or. more properly, the estate, with which it passes. It is, then, vitally important to consider in each case the subject matter, the content of the covenant, and this matter of relationship.
Effect Of Change Of Law Upon Obligation To Pay Rent, Ralph W. Aigler
Effect Of Change Of Law Upon Obligation To Pay Rent, Ralph W. Aigler
Articles
In McCullough Realty Co. v. Laemmle Film Service, (Nov. 16, 1917), 165 N. W. 33, the supreme court of Iowa had occasion to pass upon a question which has become increasingly frequent with the spread of prohibition laws, namely, the effect upon the obligation of a tenant to pay rent, of a subsequent law that makes it unlawful for him to use the premises for the purpose for which he leased them. The case before the Iowa court was not one arising out of a lease of premises for saloon purposes, but the question involved was precisely the same, and …
Options And The Rule Against Perpetuities, John R. Rood
Options And The Rule Against Perpetuities, John R. Rood
Articles
"The question to be discussed in this article is whether an option to buy property is void by reason of the fact that it may be exercised at a period more remote from the time of its creation than the law of the state permits contingent interest to vest."
Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Articles
Among the very many difficult problems arising under the STATUTE OF FRAUDS not the least troublesome has been that of surrender of estates by "operation of law." The Statute (29 Car. II, c.3,§3,) provided that "no leases * * * shall * * * be assigned, granted, or surrendered, unless it be by deed or note in writing, * * * or by act and operation of law." Under a number of varying situations it has been held that a surrender by operation of law had been accomplished. See 2 TIFFANY, LANDLORD AND TENANT, §190. In Lyon v. Reed, 13 …
Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Articles
Among the very many difficult problems arising under the STATUTE OF FRAUDS not the least troublesome has been that of surrender of estates by "operation of law." The Statute (29 Car. II, c.3,§3,) provided that "no leases * * * shall * * * be assigned, granted, or surrendered, unless it be by deed or note in writing, * * * or by act and operation of law." Under a number of varying situations it has been held that a surrender by operation of law had been accomplished. See 2 TIFFANY, LANDLORD AND TENANT, §190. In Lyon v. Reed, 13 …
Rule Against Perpetuities As Applied To Options, John R. Rood
Rule Against Perpetuities As Applied To Options, John R. Rood
Articles
Does the rule against perpetuities render unlimited options void? This is a question which the English courts answered affirmatively some thirty-five years ago; new aspects of the question have been frequently presented to those courts since that time, and conclusions not easy to reconcile have been reached. It is believed that the present status of the law in England is that an option is like any other interest in land, void if it may arise at too remote a time, otherwise not. This conclusion is based on the decision in Borland's Trustees v. Steel Bros. & Co. [1901] 1 Ch. …
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 …
Effect Of Covenants In Leases Upon Tenant's Right To Remove Trade Fixtures, Ralph W. Aigler
Effect Of Covenants In Leases Upon Tenant's Right To Remove Trade Fixtures, Ralph W. Aigler
Articles
At least since the decision in Poole's Case, 1 Salk. 368 (1703), it has been considered as settled that a tenant has the right to remove trade fixtures placed, upon the demised premises for the purpose of furthering his trade. There is a well-marked tendency in some jurisdictions to greatly extend this right of removal so as to include anything added by the tenant to the leased property "in furtherance of the purpose for which the premises were leased." Hayward v. School District, 139 Mich. 541, 102 N. W. 999; Bircher v. Parker, 40 Mo. 118; Heddrick v. Smith, 103 …
An Essay On The Learning Respecting The Creation And Execution Of Powers; And Also Respecting The Nature And Effect Of Leasing Powers..., John Joseph Powell
An Essay On The Learning Respecting The Creation And Execution Of Powers; And Also Respecting The Nature And Effect Of Leasing Powers..., John Joseph Powell
Women in History & the Law
This is one of many books printed by the prolific Elizabeth Lynch (neé Watts). She was first married to the bookseller, stationer, printer, and circulating library keeper Richard Watts. He was bookseller to the Courts of Law and printed mainly law books, with a shop in Skinner-Row in Dublin. Elizabeth took over his business after his death in 1762. Four years later, she married Reverend Stewart Lynch, who was also a bookseller. Elizabeth continued to operate her business until her death in 1794, frequently collaborating with other printers including Sarah Cotter, whose work is also featured in this exhibit.