Property Law and Real Estate Commons^™

P. G. Lake-Its Effect On A Conveyance By The Lessor Of A Lease Bonus With A Retained Royalty

Indiana Law Journal

No abstract provided.

Mechanics Liens In Indiana-The Extent Of The Property And Property Interests Subject To The Lien

Indiana Law Journal

No abstract provided.

Municipal Corporations--Violation Of Municipal Ordinance--Liability Of Abutting Owners And Occupants Of Street And Sidewalks, Arthur Mark Recht

West Virginia Law Review

No abstract provided.

Taxation - Federal Income Tax - Severance Damages To Real Property Are A Component Of Charitable Deduction, Michael M. Hughes

Michigan Law Review

The United States selected part of petitioners' estate for construction of a Nike missile base and began condemnation proceedings and negotiations for sale of the premises in lieu of condemnation. Upon failure of the parties to agree on a sale price, petitioners made a gift of the site and certain easements in adjoining land to the United States for so long as the site was used as a missile base. In their 1955 return petitioners claimed a charitable deduction of $69,782 as the fair market value, including severance damages to the remaining portion of their estate, of the property conveyed. …

Some Aspects Of Joint Ownership Of Real Property In West Virginia, Londo H. Brown

West Virginia Law Review

A very large percentage of the conveyances of real estate to be used as the residences of the grantees are made to husbands and Wives, and most of these conveyances expressly provide for survivorship between the owners. In most cases these conveyances create joint tenancies with the survivor of the grantees having the right to complete ownership. Because of the number of these conveyances, attorneys are becoming increasingly conscious of the problems connected with joint tenancy. A recent article in the West Virginia Law Review contained a wealth of information on the subject of creation of joint estates in real …

The Income Tax Aspects Of Real Estate Developments By Multiple Corporations, Audy Michael Perry

West Virginia Law Review

No abstract provided.

Income Tax--Payment By Sublessee For Cancelation Of Lessee's Interest, Robert Glenn Lilly Jr.

West Virginia Law Review

No abstract provided.

The Law Of Real Property In England And The United States: Some Comparisons, Francis R. Crane

Indiana Law Journal

Address delivered at the Indiana University School of Law, Bloomington, Indiana, January 30, 1961, sponsored by the Indiana University School of Law as the first of the 1961 Addison C. Harris Memorial Lectures.

Constitutional Law - Eminent Domain - Extension Of Fifth Amendment "Taking" To Include Destruction Of Lien Right By The Doctrine Of Immunity Of Government Property From Attachment, Henry J. Price

Michigan Law Review

Upon default of the contracting shipbuilder, the United States acquired title to certain materials in accordance with a contract provision. Petitioners, who had previously acquired materialmen's liens on these materials, claimed that assertion of the doctrine of immunity of government property from attachment resulted in a "taking" of their liens in violation of the fifth amendment. This was rejected by the Court of Claims. On certiorari to the United States Supreme Court, held, reversed, three Justices dissenting. Since the builder had title at the time the materials were furnished, the property was not a "public work" and thus the …

Condemnation: Damages For Impairment Of Access To Land

Washington and Lee Law Review

No abstract provided.

Escheat - Abandoned Property - Full Faith And Credit As A Bar To Multiple Escheat Of Intangibles, Clarold L. Britton S.Ed.

Michigan Law Review

Escheat of abandoned or unclaimed property by the sovereign is as old as the common law. Recast in constitutional form, this ancient right of kings has become a significant source of revenue in an increasing number of American states. While the right of escheat is inherent in the power of a sovereign, its exercise requires specific legislative authority. Until recently this authority was sparingly given and escheat was generally limited to the administration of estates and abandoned tangible property. However, in this past decade, state legislatures have greatly expanded the scope and extent of escheat by authorizing the escheat of …

Financing Industrial Development In The South, Margie F. Pitts

Vanderbilt Law Review

Proponents of public industrial building financing justify their position by pointing to the need to supplement private investment and to raise the level of per capita income in areas which have chronically suffered from this condition. The view one adopts of such financing is often couched on the high theme of free enterprise versus governmental participation. Yet the problem may also be viewed from the perspective of the South and its immediate needs.In the long run, it might well be that this program will have served to furnish a starting point for the process of development which would lead to …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--DUE PROCESS--ADMINISTRATIVE AGENCY MAY DENY APPRISAL AND CONFRONTATION IN PURELY INVESTIGATIVE PROCEEDING

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CONSTITUTIONAL LAW--DUE PROCESS--STATE MAY DISCHARGE EMPLOYEE FOR FAILURE TO PERFORM STATUTORY DUTY TO ANSWER

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DAMAGES--REFUSAL TO INSTRUCT JURY TO CALCULATE LOSS OF EARNINGS ON THE BASIS OF NET INCOME AFTER TAXES

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EVIDENCE--ADVERSE SPOUSAL TESTIMONY--WIFE COMPELLED TO TESTIFY IN MANN ACT PROSECUTION

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FEDERAL PROCEDURE--CHANGE OF VENUE--TRANSFER OF CIVIL ACTION MUST BE TO DISTRICT HAVING STATUTORY VENUE

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FEDERAL TORT CLAIMS ACT--SUIT ALLOWED FOR NEGLIGENCE EVEN THOUGH ACCOMPANIED BY MISREPRESENTATION

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INSURANCE--FEDERAL TRADE COMMISSION--REGULATION BY STATE WHERE UNFAIR TRADE PRACTICE ORIGINATES DOES NOT OUST FTC …

Caveat Emptor In Sales Of Realty--Recent Assaults Upon The Rule, Leo Bearman, Jr.

Vanderbilt Law Review

While caveat emptor is still ostensibly the law applicable to sales of realty in every common law jurisdiction, it no longer effectively protects the builder-vendor. In many instances he is now being held liable for damages or rescission for failure to meet what is in result, if not in fact, an implied warranty of good quality and fitness for purpose when he sells a newly constructed home. The expansions of previously settled doctrine by the courts to reach this result have occurred in the areas of implied warranty itself, and in the areas of express warranty, marketable title, fraud,and negligence. …

A Surviving Oddity: The Inter Vivos Branch Of The Doctrine Of Worthier, Charles Harold Haden Ii

West Virginia Law Review

The scope of this writing is to examine the status of the doctrine of worthier title in relation to inter vivos conveyances of real and personal property in West Virginia. This, it is believed, should be of importance both to the general practitioner engaged in frequent conveyances of real property and in certification of titles, and also to the estate planner who chooses the trust deed as a vehicle of partial or complete disposition of a client's possessions.

Abstracts Of Recent Cases, Robert Glenn Lilly Jr.

West Virginia Law Review

No abstract provided.

Clarence Tolbert Goolsby, Jr., Course Notes, Property Iv, Mr. Means, Summer, 1961, Clarence Tolbert Goolsby Jr.

Clarence Tolbert Goolsby, Jr. Student Notebooks

No abstract provided.

Real Property Held By Tenants By The Entirety As The Subject Of An Advancement - Barron V. Janney, Daniel F. Thomas

Maryland Law Review

No abstract provided.

Partition Of Land By Grantee Of Easement - Baltimore G. & E. Co. V. Bowers, H. Rutherford Turnbull Iii

Maryland Law Review

No abstract provided.

Reclassification, Variances, And Special Exceptions In Maryland, Robert J. Carson

Maryland Law Review

No abstract provided.

Recognition Of Gain On The Sale Of Realty-The Closed Transaction Test

Indiana Law Journal

No abstract provided.

Mortgage Investments And The Usury Problem, Gordon M. Harrell

Cleveland State Law Review

A continuous and steady expansion of residential dwelling is desirable from both a sociological and economic standpoint. Continuing support is required from risk capital willing to invest throughout the United States. This necessarily means that, if funds are to be drawn from areas of financial plenty to areas experiencing a financial drought, the investor will often not be a party to the original loan transaction, but will be a transferee of a local mortgage lender. We will consider those situations which are most often the foundation for an allegation of usury by the borrower-where there is a substantiated charge of …

Clarence Tolbert Goolsby, Jr., Course Notes, Mortgages, Mr. Karesh, Spring Semester, 1961, Clarence Tolbert Goolsby Jr.

Clarence Tolbert Goolsby, Jr. Student Notebooks

No abstract provided.

Rules Of The Road On Private Land, Margaret Mazza

Cleveland State Law Review

As the number of automobiles increases, and as a main attraction to retail merchandising becomes the amount of parking facilities available to customers, courts will be confronted more often with traffic accidents on private property. Whether the common law rules of negligence are used, or whether the statutory regulations are applied initially or indirectly by analogy, the courts will find it more and more important to settle this legal problem uniformly and realistically.

Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler

Michigan Law Review

In 1910 K occupied an "old" house located on the westerly portion of her lot fronting on H Street. She built a "new" house on the east side of the lot, moved into it, and rented the "old" house to tenants. As a means of access to the west side and rear of the "new" house, she built and used a sidewalk which led from H Street between the two houses and which was one foot from the west side of the "new" house. This walk "was the only outdoor means of access to the new house's coal chute."

Joint Control By The Surety: A Virginia Statute And Its Common Law Ancestry, D. Orville Lahy

University of Richmond Law Review

It happened in Texas, but it could just as well have been Virginia. At the June 1934 term of the County Court of Anderson County, Texas, there was offered for probate the holographic will of Herman Oberweiss. The testator and his several brothers had settled in Texas after emigrating from their native Germany, and without benefit of much education Herman Oberweiss had been able to accumulate considerable wealth during his lifetime.

Property--Marketability Of Land--Effect Of A Judgment Void On Its Face, S. Roy Woodall Jr.

Kentucky Law Journal

No abstract provided.

The Extension Of The Voidable Title Principle Under The Code, Charles M. Weber

Kentucky Law Journal

No abstract provided.

Restrictions Upon The Holding Of Real Property In Kentucky By Religious Societies And Corporations, Allen Prewitt Jr.

Kentucky Law Journal

No abstract provided.

Abstracts Of Recent Cases, Aaron David Trub

West Virginia Law Review

No abstract provided.