Property Law and Real Estate Commons^™

Abstracts Of Recent Cases, Aaron David Trub

West Virginia Law Review

No abstract provided.

Partition Of Oil And Gas Interests And The Effect On Mineral Rights Of Surface Partition, Thomas L. Shaffer

Journal Articles

Interests in oil and gas in place are of three kinds: ownership of minerals independent of surface ownership, royalty interests, and "working" or leasehold interests. All three are forms of property, susceptible of ownership by cotenants, and cotenancies of the first and third categories are at least theoretically open to actions for partition.

Partition of interests in oil and gas raises practical legal difficulties in three areas: (1) How does mineral ownership fit into the statutory partition scheme? (Each of the nation's fifty states has a statute concerning partition of either realty or personalty or both.) (2) How is a …

Insurance--1959 Tennessee Survey, William R. Andersen

Vanderbilt Law Review

What is the meaning of the term "actual cash value" in the standard fire policy? The middle section of the court of appeals, following a prior Tennessee case and the weight of authority, held that the phrase is synonomous with "market value" only where the goods are readily replaceable in a current market. Where there is no market, or where the market value is inadequate to properly indemnify the insured, "actual cash value" means the "'value to the owner' or the loss he suffers in being deprived of the goods." Since the goods involved in this case were personal effects, …

Class Gifts: Increase In Class Membership And The Rule Of Convenience, Theodore H. Focht

William & Mary Law Review

No abstract provided.

Distinguished, Followed, And Overruled:North Carolina Reconsiders Entiretiesby Partition Deed

Washington and Lee Law Review

No abstract provided.

Loss Of Citizenship -- Statutory Expatriation, David E. Nelson Jr.

Vanderbilt Law Review

There is no provision in the United States Constitution which expressly gives or denies Congress a right to deprive a person of, or prescribe a method whereby a person may lose, his citizenship. Yet in the Nationality Act of 1940 Congress provided for the involuntary expatriation of an American citizen upon the intentional commission of one or more of several specified acts. In 1957 three cases involving this statute reached the Supreme Court of the United States. The constitutionality of the section providing for loss of citizenship by voting in a foreign election was upheld; the one providing for loss …

After-Acquired Property As Mortgage Security In Maryland , Bridgewater M. Arnold

Maryland Law Review

No abstract provided.

Partnership Realty And Its Treatment Under The Uniform Partnership Act - Vlamis V. De Weese, Russell W. Shipley

Maryland Law Review

No abstract provided.

Problems Resulting From Imposing Restrictions On Subdivided Lots By Straw Man Conveyance - Gnau V. Kinlein, Howard J. Needle

Maryland Law Review

No abstract provided.

Financing New Machinery For Mortgaged Pennsylvania Industrial Plants, Fairfax Leary Jr.

Villanova Law Review (1956 - )

No abstract provided.

Descent And Distribution - Joint Ownership - Imposition Of Constructive Trust On Murderer Of Co-Tenant, John B. Schwemm S.Ed.

Michigan Law Review

A husband, owning land with his wife as tenants by the entireties, killed her and immediately thereafter committed suicide. In an action to determine ownership of the realty, both the probate and appellate courts declared that since a relevant disinheritance statute was inapplicable, full title vested in the husband and, upon his death, descended to his heirs. On appeal, held, reversed. Despite the common law nature of such tenancies, equity will impose on the husband a constructive trust in one-half the property for the benefit of the victim's estate. National City Bank of Evansville v. Bledsoe, (Ind. 1957) …

The Conflict Of Laws: A Comparative Study, Second Edition. Volume One. Introduction: Family Law, Ernst Rabel

Michigan Legal Studies Series

This volume, the first in Ernst Rabel's monumental comparative treatise on the conflict of laws, was initially published in 1945. Since then three additional volumes have been added, completing the survey of the systems of conflicts law as originally contemplated. Meanwhile, the first edition of the first two volumes has been exhausted for some time, and the literature of conflicts law has substantially increased, reflecting the new developments that have taken place since 1945. Accordingly, plans for a new edition of the first two volumes were discussed with the author before his death on September 7, I955, and were approved …

Land Office Business In Pennsylvania, John G. Stephenson Iii

Villanova Law Review (1956 - )

No abstract provided.

Right Of Property Owners To Enjoin A Mixed Nuisance - Bishop Processing Co. V. Davis, J. Paul Rogers

Maryland Law Review

No abstract provided.

Tax Considerations In Real Estate Syndication, Sidney H. Asch

Villanova Law Review (1956 - )

No abstract provided.

Recordation Of Deed Of Trust As Inquiry Notice, Janet R. Sumpter

William & Mary Law Review

No abstract provided.

Local Government Law -- 1957 Tennessee Survey, Thomas G. Roady Jr., Robert L. White

Vanderbilt Law Review

The substantial amount of litigation involving local governmental units, their officers and agents, continued during the period covered by this survey and if volume alone were any indication of significant growth and development in a given area of law this survey article would be of considerable importance. But, in general, the cases decided in this period draw on fairly well established legal rules and principles or upon legislation which has been designed to clarify existing problems. In view of this fact it does not appear justifiable to do much more than to present a summary of these decisions with brief …

Restrictive Covenants--Right To Compensation In Eminent Domain Proceedings, R. M.

West Virginia Law Review

No abstract provided.

An Analysis Of Marriage Trends And Divorce Policies, Robert S. Redmount

Vanderbilt Law Review

Divorce law, theoretically, is the embodiment of policies governing the dissolution of marriage. It is the legal expression of the values attached to marriage and implicitly states the law's understanding of the marital relationship, at least that part of it that reflects conflict and disturbance.

The analytic discourse which follows briefly assesses the roles and meanings of marriage, the sources and consequences of marital disharmony and the complications of marriage dissolution. The history and composition of divorce policies and laws is carefully savored and sharply scrutinized for fidelity to the reason and experience of marriage. The outcome of this analysis …

Property Torts Between Spouses And Use During Marriage Of The Matrimonial Home Owned By The Other, William E. Mccurdy

Villanova Law Review (1956 - )

No abstract provided.

Dispositions Of Property To Unincorporated Non-Profit Associations, Harold A.J. Ford

Michigan Law Review

It now becomes necessary to examine the cases in which the disposition could not be treated as one to the existing members. This treatment will disclose that some courts have been prepared to regard some dispositions to associations as being for the purposes of the association. The only way in which property may be devoted to a purpose without conferring beneficial interests on particular individuals is by a trust. Accordingly in many instances the disposition takes effect as a trust.

Creditors' Rights And Security Transactions -- 1956 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

Possession of Land Under Contract of Sale as Notice to Subsequent Purchaser of the Land: There is a security transaction facet in the ejectment case of Harris v. Buchignani,' decided by the Tennessee Supreme Court, which should be given some attention. In that case, by clear implication, the court put forth some disturbing doctrine relative to priorities under the Tennessee recording statute. Without specifically mentioning it, the court appears to have disavowed and repudiated the doctrine that possession of property inconsistent with the record title holder is notice to a subsequent deed of trust lender so as to prevent the …

Administration And Collection Problems, Dixwell L. Pierce

Vanderbilt Law Review

"In the field of revenue administration, there is no longer such a thing as a simple tax law. Complex problems require complex laws, and complex laws are made to protect all taxpayers alike."

When a state or local government provides for a general sales and use tax, it is assuming a heavy administrative responsibility. Such tax laws are deceptively simple. They are not easy to administer. Failure to recognize these facts has resulted all too often in disappointing revenue yields and widespread dissatisfaction among retailers and their customers.

No one really enjoys paying taxes. What may be merely mild distaste …

Equitable Enforcement Of Implied Restrictions On The Use Of Land - Turner V. Brocato, Roger D. Redden

Maryland Law Review

No abstract provided.

Business Associations -- 1955 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

Nature and Formation of Partnerships: The question whether a contract sued on was a partnership arrangement so as to be cognizable only in equity was considered by the Tennessee Court of Appeals in Powel v. Bundy.' There Bundy, a real estate broker, sued Powell on the lawside to recover $500, alleged to be plaintiff's one-half share of a commission earned by their joint efforts in selling a tract of real estate, but which commission had been collected and wrongfully retained by defendant. Among other defenses interposed was defendant's contention that the contract sued on was that of a partnership arrangement …

Book Reviews, Clyde L. Ball, Walter Probert, Harry L. Snead Jr., Oliver C. Schroeder Jr., James M. Nabrit Jr., Roger A. Cunningham, Max P. Rapzcz, Robert J. Fower, L. J. Johns, Claude H. Brown, John T. Mcnaughton

Journal of Legal Education

No abstract provided.

Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed.

Michigan Law Review

It is the purpose of this comment to examine the legal consequences produced when the tranquility of the residential district is disturbed by governmental action.

Contracts -- 1954 Tennessee Survey, Merton L. Ferson

Vanderbilt Law Review

Mutual Assents: In the case of Jones v. Horner it appeared that Jones was a tenant of Mrs. Homer. The lease gave Jones an option to purchase the property for a stated price and provided that Jones might exercise his option "by payment or tender of the agreed purchase price." Jones, within the life of the option, without tendering the purchase price, gave notice that he would exercise the option. He said he would pay the purchase price upon receipt of a deed to the property. Mrs. Homer refused to treat this notice as a valid exercise of the option. …

Joint Tenancy Is Not Severed By Judgment Lien - Execution Is Necessary - Eder V. Rothamel

Maryland Law Review

No abstract provided.

The Non-General Power Of Appointment -- A Creature Of The Powers Of Appointment Act Of 1951, Allan Mccoid

Vanderbilt Law Review

In the course of the past fifty years, during which estate planning has become a specialty rather than one of many jobs handled by the general practitioner, the power of appointment has become an increasingly popular form of gift. The two great advantages which have been claimed for the power are the introduction of great flexibility into the estate plan and the reduction of the tax burden on the property as it passes from one generation to another. It was presumably with both of these objectives in mind that Professor William J. Bowe made a suggestion last year as to …