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Articles 721 - 750 of 782

Full-Text Articles in Property Law and Real Estate

Under The Lien Theory Of Mortgages Is The Mortgage Only A Power Of Sale?, Bernard C. Gavit Jan 1931

Under The Lien Theory Of Mortgages Is The Mortgage Only A Power Of Sale?, Bernard C. Gavit

Articles by Maurer Faculty

No abstract provided.


Property Subject To Restrictive Covenants--Eminent Domain, Richard Solof Jun 1930

Property Subject To Restrictive Covenants--Eminent Domain, Richard Solof

West Virginia Law Review

No abstract provided.


Deeds--Restrictions As To Transfer Of Property To Ethiopians, Carl A. Mccomas Jun 1930

Deeds--Restrictions As To Transfer Of Property To Ethiopians, Carl A. Mccomas

West Virginia Law Review

No abstract provided.


Gift Of A Life Estate With Absolute Power Of Disposal By Deed, James W. Simonton Apr 1930

Gift Of A Life Estate With Absolute Power Of Disposal By Deed, James W. Simonton

West Virginia Law Review

No abstract provided.


The Meaning Of Present Value As Public Utility Rate Base, Lawrence P. Simpson Apr 1929

The Meaning Of Present Value As Public Utility Rate Base, Lawrence P. Simpson

West Virginia Law Review

No abstract provided.


Real Property--Vendor And Purchaser, Anne Slifkin Apr 1928

Real Property--Vendor And Purchaser, Anne Slifkin

West Virginia Law Review

No abstract provided.


Supreme Court Reverses Itself On Quest Of Party Walls--Right Of The Assignee Covenantor To Sue, Anne Slifkin Dec 1927

Supreme Court Reverses Itself On Quest Of Party Walls--Right Of The Assignee Covenantor To Sue, Anne Slifkin

West Virginia Law Review

No abstract provided.


Can Damages Be Recovered In An Action Of Unlawful Entry And Detainer Instituted In A Circuit Court?, L. C. Apr 1924

Can Damages Be Recovered In An Action Of Unlawful Entry And Detainer Instituted In A Circuit Court?, L. C.

West Virginia Law Review

No abstract provided.


Real Property--Conveyance Of Surface Construed, W. B. H. Nov 1923

Real Property--Conveyance Of Surface Construed, W. B. H.

West Virginia Law Review

No abstract provided.


Judicial Sales, F. C. Leftwich Apr 1923

Judicial Sales, F. C. Leftwich

West Virginia Law Review

No abstract provided.


Rights Of Finders, Ralph W. Aigler Jan 1923

Rights Of Finders, Ralph W. Aigler

Articles

Much of the confusion and uncertainty in the law regarding the topic indicated above is due to a failure to distinguish between several types of situations and to appreciate the applicability of certain fundamental principles. The words "lost" and "find" are used in such widely varying senses that the all too common method of reaching a conclusion by first applying a name to a thing or situation has in this particular field led to special difficulty.


Perpetuity Statutes, Edwin C. Goddard Jan 1923

Perpetuity Statutes, Edwin C. Goddard

Articles

THE common law of perpetuities is one of the most interesting examples of almost pure judicial legislation. De Donis, The Statutes of Uses and of Wills, but gave wider scope to the development by the courts of rules of law to thwart the attempt of the great landowners to tie up their landed estates in their families in perpetuity. One body of rules to this end limited restraints upon alienation, another the creation of future interests vesting at too remote a period. Restriction of restraints upon alienation, and the rule against perpetuities, these two were developed for the same end, …


Rights Of Finders, Ralph W. Aigler Jan 1923

Rights Of Finders, Ralph W. Aigler

Articles

Much of the confusion and uncertainty in the law regarding the topic indicated above is due to a failure to distinguish between several types of situations and to appreciate the applicability of certain fundamental principles. The words "lost" and "find" are used in such widely varying senses that the all too common method of reaching a conclusion by first applying a name to a thing or situation has in this particular field led to special difficulty.


Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess May 1922

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.


El Pacto De "Dominio Reservado" En Las Legislaciones Modernas Y En Nuestra Legislación, Mario Díaz Cruz Jan 1922

El Pacto De "Dominio Reservado" En Las Legislaciones Modernas Y En Nuestra Legislación, Mario Díaz Cruz

Cuban Law

Conferencia pronunciada en la Academia de Derecho de La Habana, el día 16 de febrero de 1922


Interference With Oil And Gas Rights, J. W. M. Jan 1922

Interference With Oil And Gas Rights, J. W. M.

West Virginia Law Review

No abstract provided.


The Law Of Subjacent Support And The West Virginia Rule, C. P. H. Jan 1922

The Law Of Subjacent Support And The West Virginia Rule, C. P. H.

West Virginia Law Review

No abstract provided.


Operation And Effect Of Recording, Ralph W. Aigler Jan 1922

Operation And Effect Of Recording, Ralph W. Aigler

Articles

While the operation of the recording acts is not uncommonly said to result in a preference of the earlier recorded instrument on the ground that under the circumstances the later grantee takes "with notice," the true view in the normal case would seem to be that the earlier grantee is preferred because priority in time gives priority in right-and by recording, he has done all that is required to preserve that favored position. Recording does not ordinarily give preference, it merely safeguards priority. Reference is here made to the normal case because it is, of course, true that there are …


Joint Tenancy In Personal Property In Michigan, Ralph W. Aigler Jan 1922

Joint Tenancy In Personal Property In Michigan, Ralph W. Aigler

Articles

In Lober v. Dorgan, 215 Mich. 62, decided July 19, 1921, the court again wrestled with the problem which has troubled the Michigan courts for many years, as to whether the law of the state recognizes any such thing as joint ownership in personal property with the common law incident of survivorship. The facts presented a controversy between the estates of husband and wife, the latter having survived the former. A real estate mortgage had been given to "George W. Bush and Sarah Bush, his wife, of Gobleville, Michigan, as joint tenants, with sole right to the survivor." After the …


The Assignability Of An Option Contract, M. T. Van Hecke Nov 1921

The Assignability Of An Option Contract, M. T. Van Hecke

West Virginia Law Review

No abstract provided.


Has A Landowner Any Property In Oil And Gas In Place, James W. Simonton Jun 1921

Has A Landowner Any Property In Oil And Gas In Place, James W. Simonton

West Virginia Law Review

No abstract provided.


Equitable Servitudes Benefiting A Business, M. T. V.H. Mar 1921

Equitable Servitudes Benefiting A Business, M. T. V.H.

West Virginia Law Review

No abstract provided.


Dedication--Effect Of--Revocability Of Dedication, W. F. K. Mar 1921

Dedication--Effect Of--Revocability Of Dedication, W. F. K.

West Virginia Law Review

No abstract provided.


Escheat - How State Acquires Title, Edwin C. Goddard Jan 1920

Escheat - How State Acquires Title, Edwin C. Goddard

Articles

Escheat is of feudal origin, and properly applied only to land which on failure of heirs or for certain other reasons, "fell in" to the lord under whom it had been held. Personal property without an owner, as bona vacantia, became the property of the crown. In re Bond [1901] 1 Ch. 15. In the United States escheat is used more broadly, but usually arises when the owner of property dies intestate without heirs. Our alienage laws have generally removed disabilities of aliens to take, but in some jurisdictions there may still be escheat because of alienage, see 5 MICH. …


The Writing Required To Establish An Express Trust Of Land, Edgar N. Durfee Jan 1919

The Writing Required To Establish An Express Trust Of Land, Edgar N. Durfee

Articles

It has frequently been said that the Seventh Section of the Statute of Frauds, concerning Trusts of land, requires a writing containing "all the terms of the trust." Forster v. Hale, 3 Ves. 707; Smith v. Matthews, 3 DeG., F. & J. 139; Loring v. Palmer, 118 U. S. 321; Gaylord v. Lafayette, 115 Ind. 423; McClellan v. McClellan, 65 Me. 500; Blodgett v. Hildreth, 103 Mass. 484; York v. Perrine, 71 Mich. 567; Newkirk v. Place, 47 N. J. Eq. 477; Steere v. Steere, 5 Johns. Ch. 1; Cook v. Barr, 44 N. Y. 156; Dillaye v. Greenough, 45 …


Alienation Of Contingent Remainders, Ralph W. Aigler Jan 1919

Alienation Of Contingent Remainders, Ralph W. Aigler

Articles

The recent case of Bisby v. Walker, 169 N. W. 467, decided by the Supreme Court of Iowa November 23, 1918, is an interesting instance of an all too common lack of appreciation and understanding of the very fundamentals of property law. Under the will of her grandfather B became entitled to a contingent remainder (at least the court treated it as such) in certain lands; the contingency upon which her taking depended was her being one of the surviving children of her mother at the time of the death of the life tenant, the testator's widow. During the continuance …


Determinable Fee - Possibility Of Reverter, Edwin C. Goddard Jan 1919

Determinable Fee - Possibility Of Reverter, Edwin C. Goddard

Articles

Professor Gray, in the first edition of his great work, "The Rule Against Perpetuities," Section 31 and following, contended that the Statute Quia Emptores by putting an end to tenure between feoffor and feoffee of an estate in fee simple, incidentally put an end to possibility of reverter to the feoffer on failure of the condition in a determihable fee. Specifically he says that upon dissolution of an eleemosynary corporation a terminable gift to such corporation does not revert to the donor, as is said by Lord Coke, Co. LITT. 13b, but escheats. For reversion depends on tenure, and the …


Is A Contract Necessary To Create An Effective Escrow?, Ralph W. Aigler Jun 1918

Is A Contract Necessary To Create An Effective Escrow?, Ralph W. Aigler

Articles

WHERE land has been sold and both parties are desirous of protecting themselves pending full payment of the purchase price, there are two common ways of accomplishing their purpose without any change in legal ownership. There may be (1) a contract of sale properly evidenced so as to be enforceable, and (2) a deed executed by the vendor and placed "in escrow." Sometimes one method is preferred, sometimes the other. If the former is adopted, it is, of course, vitally important that the contract comply with the formal requirements of the law; in the latter there has been some difference …


The Content Of Covenants In Leases, Ralph W. Aigler Jan 1918

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 Jan 1918

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 …