Property Law and Real Estate Commons^™

Wills, Trusts And Estates (Herein Of Future Interests) -- 1955 Tennessee Survey, W. J. Bowe

Vanderbilt Law Review

Execution of Wills:

Under the Tennessee Code a will valid at the place of execution is valid under the laws of Tennessee. A testator domiciled in Tennessee executed a will in Mississippi in the presence of two witnesses, but thinking that the will should be acknowledged by a notary public rather than subscribed by the witnesses, he had the acknowledgment taken by a Mississippi notary public. As the Mississippi statute is peculiar in that it merely requires "that the Will shall be attested by two or more credible witnesses" rather than the usual "shall be both attested and subscribed" the …

Kentucky Developments In 1954: Personal And Real Property, Future Interests And Trusts, W. L. Matthews Jr.

Kentucky Law Journal

No abstract provided.

Real Property -- 1954 Tennessee Survey, Herman L. Trautman, James C. Kirby Jr.

Vanderbilt Law Review

Champertous Deeds and Adverse Possession: There were two cases, Robinson v. Harris, and State v. McNabb, which used the questionable champertous deed concept to reach what seem to be just results. The sixteenth century doctrine, enacted by statute in Tennessee, is that a deed of conveyance executed and delivered by a title owner while the land is held in the adverse possession of another is void. As pointed out in the 1953 Survey article, however, recent Tennessee cases have tended to ignore a line of nationally recognized Tennessee equity cases holding that the deed is not void; that the transfer …

Wills, Estates And Trusts -- 1954 Tennessee Survey, William J. Bowe

Vanderbilt Law Review

Freedom of Testation: Other than the statutory forced share of a spouse' testators have almost unlimited freedom in the disposition of their property. A devise or bequest will be held invalid only when it runs counter to some well established rule of public policy. Thus gifts in violation of the rule against perpetuities, against accumulations or against restraints on alienations are void. Further, the courts will strike down capricious or whimsical bequests, as well as those which are conditioned upon the performance of illegal or tortious acts. But in absence of any violation of public policy a testator is free …

Federal Income Tax And Dealings In Real Estate, Donald Mcdonald, John W. Fawcett, Iii

Washington and Lee Law Review

No abstract provided.

Future Interests - Restraints On Alienation - Same Rules Applicable To Restraints On Future And Possessory Interests, Chester F. Relyea S.Ed.

Michigan Law Review

Testator devised real estate to his wife for life, remainder to his children, "with the following understanding," that should any child attempt to dispose of his interest before the death of the testator's wife, that child would forfeit his share and it would go to the remaining children. After the death of the testator, but before the death of his widow, one son conveyed away his interest in the property. In a suit for the partition of the real estate devised by the testator; held, on appeal, restraints on the alienation of vested estates in fee simple are against …

Use Of The Containing Space After The Removal Of Subsurface Minerals, Robert T. Donley

West Virginia Law Review

Two recent West Virginia cases-one expressly, and the other inferentially-again bring to prominence the much-debated question of who has the "ownership" of the space remaining after the removal of subsurface minerals where there has been a severance in title of them from the other strata. It may be remarked, at the outset, that the results reached by the courts are the same whether the title of the mineral owner be granted to him or whether it be excepted by him from a grant of the land. The discussion which will follow is not in the spirit of adverse criticism of …

Real Property, Herman L. Trautman

Vanderbilt Law Review

The Tennessee cases in the fields of Real Property and Future Interests have been quite abundant during the period' covered by this Survey. Because of the number of cases and the very interesting and novel problems presented in some of them, and because the scope of the law of Future Interests includes cases which involve Wills and Personal Property as well as Real Property, it is believed that the reader will find it more feasible to consider the Future Interest cases in a separate article appearing in this Survey. Therefore, notwithstanding some overlapping, the emphasis of this article will be …

Casner: American Law Of Property. A Treatise On The Law Of Property In The United States., Ralph W. Aigler

Michigan Law Review

A Review of AMERICAN LAW OF PROPERTY. A Treatise on the Law of Property in the United States.A. James Casner, Editor-in-Chief.

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--RACIAL RESTRICTIVE COVENANTS--ALLOWANCE OF DAMAGES FOR BREACH

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CORPORATIONS--PARENT AND SUBSIDIARY--SUBSIDIARY AS INSTRUMENTALITY OF PARENT WHEN USED TO CARRY ON UNFAIR TRADE PRACTICES

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EVIDENCE--ADMISSIBILITY OF CONFESSION--SCOPE OF REVIEW OF COURT-MARTIAL BY COURT OF MILITARY APPEALS

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EVIDENCE--CONFLICT OF LAWS--APPLICATION OF DOCTRINE OF RES IPSA LOQUITUR

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EVIDENCE--DUE PROCESS--USE IN STATE PROSECUTION OF EVIDENCE FORCIBLY OBTAINED BY STOMACH PUMP

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EVIDENCE--ENTRIES IN THE REGULAR COURSE OF BUSINESS--TEST FOR EXTENT OF ADMISSIBILITY UNDER FEDERAL JUDICIAL CODE

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EVIDENCE--HEARSAY--ADOPTION OF LIBERAL ADMISSION RULES OF ADMINISTRATIVE TRIBUNALS IN ANTITRUST COURT ACTION

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EVIDENCE--IMPEACHMENT OF ONE'S OWN WITNESS--USE OF PRIOR INCONSISTENT STATEMENTS

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Formal Requirements For Creation Of The Oil And Gas Lessee's Interest, William D. Warren

Vanderbilt Law Review

The practice of the courts of employing almost as many varying and contradictory descriptions of the nature of the lessee's interest under the usual oil and gas lease as there are petroleum producing states has a historical origin which is clearly traceable. In the latter half of the nineteenth century as each of the known oil bearing states was slowly explored and developed for petroleum, it fell the lot of their courts to solve the complicated legal problems arising in this new and unique industry. Equipped with but little accurate scientific knowledge about the physical behavior of oil and gas, …

Book Review. The Law Of Real Property, Vol. Iii By Richard R. Powell, Leon Harry Wallace

Articles by Maurer Faculty

No abstract provided.

The Transfer Of Title To Timber In West Virginia, J. H. M. Jr.

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--DOMICIL FOR PURPOSES OF INCOME TAXATION--ABSENCE OF FIXED INTENT TO REMAIN IN RESIDENCE OR TO RETURN TO DOMICIL OF ORIGIN

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CONSTITUTIONAL LAW--INTERSTATE COMMERCE--VALIDITY OF STATE TAX UPON GROSS RECEIPTS OF SEGMENT OF INTERSTATE COMMERCE

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CONSTITUTIONAL LAW--PEACEFUL PICKETING--POWER OF STATE COURT TO ENJOIN

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CONSTITUTIONAL LAW--POWER OF COURT TO PUNISH FOR DIRECT CONTEMPT--OPPORTUNITY TO OBTAIN COUNSEL

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EVIDENCE--ADMISSIBILITY OF SCIENTIFIC TESTS--HARGER DRUNKOMETER TEST TO DETERMINE INTOXICATION

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FEDERAL JURISDICTION--REQUIREMENT THAT FEDERAL QUESTION APPEAR ON FACE OF COMPLAINT--APPLICATION TO DECLARATORY JUDGMENT ACTION

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INCOME TAXES--DEDUCTION OF BUSINESS EXPENSES--DEDUCTIBILITY OF PENALTIES FOR VIOLATION OF PRICE REGULATIONS

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INSURANCE--"COMPREHENSIVE" COVERAGE …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--FULL FAITH AND CREDIT--DOMESTIC SEPARATE MAINTENANCE DECREE SURVIVES FOREIGN DIVORCE

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CONSTITUTIONAL LAW--DUE PROCESS--USE OF PEREMPTORY'CHALLENGE TO EXCLUDE ALL MEMBERS OF ACCUSED'S RACE FROM TRIAL JURY

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CONSTITUTIONAL LAW--FREEDOM OF SPEECH--USE OF AMPLIFICATION DEVICE IN PUBLIC PARK HELD WITHIN CONSTITUTIONAL GUARANTEE

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CONSTITUTIONAL LAW--SEARCHES AND SEIZURES--EVIDENCE OBTAINED WITHOUT SEARCH WARRANT INADMISSIBLE THOUGH SEIZED IN PROCESS OF LAWFUL ARREST

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CONSTITUTIONAL LAW--RACIALLY RESTRICTIVE COVENANTS--JUDICIAL ENFORCEMENT AS STATE ACTION

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CONTRACTS--BROKER'S COMMISSIONS--RIGHT TO RECOVER UNDERDOCTRINE OF SUBSTITUTED PERFORMANCE

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CONTRACTS--COMMERCIAL FRUSTRATION--REQUIREMENT THAT A BASIC PURPOSE OF THE CONTRACT BE FRUSTRATED

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CRIMINAL LAW--CUMULATIVE SENTENCES--EFFECT OF STATE PAROLE UPON COMMENCEMENT OF …

Future Interests-Rule Against Perpetuities--Validity Of An Option Incident To A Lease Exercisable After The Expiration Of The Lease, Irving Slifkin S.Ed.

Michigan Law Review

On November 13, 1941, plaintiff entered into a lease with defendant granting defendant the exclusive right to mine and remove coal from plaintiff's mine for twenty years. Incident to the lease defendant was granted the option, "at any time subsequent to November 1st, 1945, to purchase the remaining tonnage of recoverable coal" at a specified price. A deed thereto was placed in escrow. In January, 1946, defendant elected to exercise the option, tendered the price, and received the deed from escrow. Plaintiff refused to recognize the validity of the option and commenced an action in equity to cancel the deed …

Partnerships--Title To Real Property, Fred B. Redwine

Kentucky Law Journal

No abstract provided.

Interests Conveyed By Tax Sale Deed

Indiana Law Journal

Notes and Comments: Property

Maryland Examines The Proposed Uniform Property Act, Herbert Myerberg

Maryland Law Review

No abstract provided.

Rights And Estates Of Vendor And Vendee Under An Executory Contract For The Sale Of Real Property, P. John Lichty

Washington Law Review

No abstract provided.

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

Executory Limitations Of Property In Missouri, Manley O. Hudson

University of Missouri Bulletin Law Series

This study will deal with the present position of executory limitations of real and personal property in Missouri law, which will involve a consideration of their validity at common law and under the English statutes of uses and wills and under the Missouri statutes, and an analysis of the Missouri decisions. The doctrine that any limitation after a fee simple to which is added an absolute power of disposal is void, will be examined particularly, and an effort will be made to point out a way of escape from it.

Land Tenure And Conveyances In Missouri, Manley O. Hudson

University of Missouri Bulletin Law Series

It is impossible to apply the artificial rules of the modern law of real property without a clear understanding of the feudal system of land tenure in which they originated. The disappearance of the essentials of feudal society-the personal relation between lord and tenant and the duties owed by the tenant to the lord-has not taken away the feudal basis of the law of real property; nor has it made the common law rules, apart from statute, less applicable. But there is such a close connection between land ownership and other social institutions' that, however fixed the legal theory, the …

Cases On The Law Of Mortgages, Edgar N. Durfee

Books

“The law of mortgages embraces so many remotely related topics that it is impossible, in the time allotted to it in our schools, to cover the subject completely and thoroughly by the ordinary ‘case’ method. Of the several alternatives that this condition leaves us, the editor has chosen that of covering by cases, with a fair degree of thoroughness, certain selected topics. It is with a view to presenting to the student, in a suggestive way, some of the topics not covered by cases, that the editor has introduced into the book excerpts from text-books and from judicial opinions, and …

Les Codes Marocains, Émile Larcher

Civil Codes (1800-1923)

Annotés des dahirs et arrêtés pris pour la exécution.

Le Droit Réel: Histoire Et Théories, Son Origine Institutionnelle, Louis Rigaud

Mario Diaz Cruz Library

Thèse pour le Doctorat (Sciences Juridiques)

At head of title: Université de Toulouse. Faculté de Droit.

Decisions, Statutes, & C., Concerning The Law Of Estates In Land, John R. Rood

Books

“The following pages have been printed from the notes made from time to time while preparing to conduct exercises in the first course on real property at the University of Michigan, using Blackstone’s Commentaries on the text.… In this edition several typographical errors in the first impression have been discovered and corrected. The scope of the work has also been extended by numerous additions throughout, and by inserting the chapters on uses, trusts, and powers, which did not appear in the first edition.

JOHN R. ROOD

Dated, Ann Arbor, February 25th, 1910” --Preface.

Decisions, Statutes, & C., Concerning The Law Of Estates In Land, John R. Rood

Books

“The following pages have been printed from the notes made from time to time while preparing to conduct exercises in the first course on real property at the University of Michigan, using Blackstone’s Commentaries on the text. The design has been to present the great monuments which mark epochs in the various branches on the subject, with only an occasional late example… The present is a temporary edition, made to try out the serviceability of such a book by use in class… The editing has been rather hurriedly done, and the charity of the reader is requested.” --Preface

Recent Legal Literature, Henry H. Swan, James F. Tracey, Robert E. Bunker, Floyd R. Mechem, Bradley Thompson, James H. Brewster, Floyd R. Mechem, Horace Lafayette Wilgus

Michigan Law Review

Hughes: Handbook of Admiralty Law; Wilgus: Cases on the General Principles of the Law of Private Corporations; Spelling: A Treatise on Injunctions and Other Extraordinary Remedies; Brannon: A Treatise on the Rights and Privileges Guaranteed by the Fourteenth Amendment to the Constitution of the United States; Boone: Real Property Law, 2nd ed.; Abbott and Abbott: The Clerks' and Conveyancers' Assistant; Rose: Notes on the United States Reports; Nichols: Britton: An English Translation and Notes

Deed, 1 January 1847, Of Andrew Constable And Jemima S. W. Constable To James K. Savage For Land In Elizabeth City Co., Va. Bears Affidavit, 1 January 1849, Of John Armistead And Henry Whiting Concerning Jemima S. W. Constable Being Examined Apart From Her Husband Regarding Sale, John Armistead, Henry Whiting

Women in History & the Law

No abstract provided.