Property Law and Real Estate Commons^™

Real Property—Liability Of Landlord Out Of Possession, Vincent P. Furlong

Buffalo Law Review

DeClara v. Barber Steamship Lines, 309 N. Y. 620, 132 N.E. 2d 871 (1956).

Real Property—Licensee, John G. Putnam Jr.

Buffalo Law Review

People v. Horowitz, 309 N. Y. 426, 131 N.E. 2d 715 (1956).

Real Property -- 1956 Tennessee Survey, Herman L. Trautman

Vanderbilt Law Review

Bona Fide Purchases Without Notice: There were two cases, First Federal Savings and Loan Ass'n v. Dearth' and Harris v. Buchignani, decided during the year which concerned the title acquired by a purchaser of real property without actual notice of an unrecorded interest. The first of the above cases concerned a purchaser from the heir of the deceased record owner, and the second concerned a purchaser from a record owner who had previously executed a contract of sale which was not recorded. Both cases originated in Memphis.

Just Compensation And The Navigation Power, William J. Powell

Washington Law Review

The fifth amendment of the United States Constitution commands that private property shall not be taken for public use without just compensation. Many cases involve the issue of what constitutes just compensation for particular private property which has been taken. Few guiding principles have been formulated, other than a general proposition that just compensation is based upon the market value of the property with due consideration of all its available uses. The amount assessed under the above formula cannot be enhanced by any special use of the property to the Government, because just compensation means the amount of loss to …

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 …

Personal Property And Sales -- 1956 Tennessee Survey, J. Allen Smith

Vanderbilt Law Review

The Right to Possession: In Shirley v. State' the Supreme Court of Tennessee held that a county court clerk could not be required to return money illegally gained by participation in a gambling game, which money had been confiscated by the sheriff and turned into court. Despite a theoretical difficulty arising from the absence in Tennessee of a statute authorizing forfeiture of gambling funds, the decision invoked the equitable principle that courts will not assist persons violating the law. For its result, the court relied in considerable measure on the New York case of Hofferman v. Simmons, which involved a …

Restitution -- 1956 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The pervasive principle of Restitution--that "A person who has been unjustly enriched at the expense of another is required to make restitution to the other"'--makes use of many remedies, both at law and in equity. This year's Restitution cases will be classified according to the nature of the remedy.

One who pays the obligation of another may be entitled to indemnity, if he has not acted officiously. He may also be entitled to the remedy of subrogation, permitting him to "step into the shoes" of the person to whom, he paid and enforce any lien or right which that person …

Deeds Of Trust--Obligation Due Prior To 1921--Sale Not Barred By Statute Of Limitations, C. M. C.

West Virginia Law Review

No abstract provided.

Property--Joint Tenancy--Effect Of Murder On The Right Of Survivorship, W. A. K.

West Virginia Law Review

No abstract provided.

Real Property, Donald Louis Johnson

Washington Law Review

Covers cases on the power of revocation and on the status of the rule against undue postponement of enjoyment.

Creditors' Rights, Rex M. Walker

Washington Law Review

Covers cases on declaration of homestead—excess value subject to judgment lien—good faith declaration.

Marriage In The Conflict Of Laws, Charles W. Taintor, Ii

Vanderbilt Law Review

It must first be recognized that three different types of problems are raised in this field by what purport to be marriages: problems concerning the creation of the relationship of man and wife; those concerning the method whereby the parties signify their consents to the assumption of the relationship; and those concerning the legal protection accorded to claims arising therefrom. These involve, respectively, the status, the ceremony, and the incidents' of marriage.

It has often been said or assumed in the past that the laws of the domicile or domiciles of the parties at the time of the ceremony govern …

Model Will, With Explanatory Comments, Of The Father Of A Closely-Knit Family Group, Designed To Minimize Family Estate And Income Taxes, William J. Bowe

Vanderbilt Law Review

I, Marital Deduction Sprinkle, of Special Power, Tax haven, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all wills and codicils heretofore made by me.

Tangible Personal Property

All of my tangible property of every nature and wheresoever situated, except any such property being used by any business in which I may be interested, I give and bequeath to my wife, Mary, outright, if she survives me; if she fails to survive me, I give and bequeath said personal property to those of my …

Agency (Survey Of Virginia Case Law - 1955), Frank V. Emmerson

William and Mary Review of Virginia Law

No abstract provided.

Real And Personal Property (Survey Of Virginia Case Law - 1955), John Lee Darst

William and Mary Review of Virginia Law

No abstract provided.

Future Interests - Restraints On Alienation - Validity Of Pre-Emptive Provision, Julian Linde

Michigan Law Review

Defendant purchased a strip of land lying between his residence and the plaintiff's for $2,550. Immediately thereafter and pursuant to a prior understanding, he conveyed the west half to plaintiff for one half the price he paid for the entire tract. As a part of this transaction it was agreed that should either party desire to sell his portion of the lot at any time in the future, he would first offer it to the other at its original cost plus any amounts expended for improvements. When defendant was offered $3,500 for his half seven years later, he disregarded this …

The Installment Land Contract As A Junior Security, E. George Rudolph

Michigan Law Review

It is the purpose of this paper to explore the problems of one group whose members are increasingly, and more or less as a matter of necessity, finding themselves in the role of mortgagees, or vendors under installment purchase contracts, although they do not fit the assumed pattern. This group consists of persons who own homes subject to existing mortgages and for one reason or another decide to sell. The existing mortgages may be insured by the Federal Housing Administration or by the Veterans Administration or they may be uninsured mortgages held by building and loan associations or other financial …

Descent And Distribution - Effect Of Advancements, Debts And Releases When Expectant Distributee Predeceases Intestate, Eric E. Bergsten

Michigan Law Review

The law of advancements is part of the law of intestate succession. But the right of retainer, which allows an offset against a distributee's share of the estate for a debt owed by the distributee to the decedent, is merely a method of debt collection and historically has not been considered as a part of the law of inheritance. For this and other reasons, the law applicable to advancements in this situation is better treated separately from that concerning debts of predeceased expectant heirs. There are also sufficient differences between the treatment given a release and that of either an …

Slander Of Title, Richard F. Griffin

Buffalo Law Review

Albertson v. Roboff, __ Cal. __, 287 P. 2d 145 (1955).

Ejectment--"Common Grantor" And "Common Source" Distinguished, C. M. C.

West Virginia Law Review

No abstract provided.

Financing Construction On Long Term Leasehold Estates, Douglass G. Boshkoff

Buffalo Law Review

No abstract provided.

Future Interests - Possibilities Of Reverter - Constitutionality Of Retroactive Limitation, Paul A. Heinen S.Ed.

Michigan Law Review

The township school trustees brought actions under the Reverter Act to have the possibilities of reverter contained in the deeds to two currently unused school tracts declared invalid. In each case the trial court held that the possibility of reverter was alienable and that the Reverter Act was unconstitutional, being an ex post facto law and in violation of the due process clauses of the state and federal Constitutions. On appeal, held, reversed. Since possibilities of reverter in Illinois are merely expectancies subject to change, modification, or abolition by legislative action, the act does not result in an unconstitutional …

Determination Of Heirship, Paul E. Basye

Michigan Law Review

Nearly a hundred years have elapsed since the Supreme Court emphatically voiced its conviction as to the necessity of having some method for making a final determination concerning the devolution of the ownership of property upon the death of its owner.

Restitution - Recission - Measure Of Restitution Required Of Rescinding Vendee Of Executed Land Contract, Donald W. Shaffer S.Ed.

Michigan Law Review

Plaintiff vendee sought to rescind an executed contract for the sale of an inn, alleging fraud in the inducement. The lower court granted rescission and ordered repayment to the plaintiff of that part of the purchase price already paid over to defendant- vendor, less $2,500, which was found to be the fair or reasonable rental value for the period of the plaintiff's possession. Both parties appealed, defendant claiming a higher rental figure and plaintiff asserting that no rental should be allowed. Held, the plaintiff should be charged rent measured by the value of the benefits which accrued to him …

Contracts - Consideration- Requirement Of Consideration For Modification Of A Contract, David Macdonald

Michigan Law Review

Landlord leased space to tenant in a building which was to be erected. The agreement and subsequent modifications pro- . vided that the landlord should pay the broker's commission and architect's fees, and have the power to cancel the lease prior to a specified time. The litigation arose over another attempted modification in the form of a letter from the tenant in which the tenant promised to indemnify the landlord for the broker's commission and architect's fees if the landlord should cancel the lease as it had the power to do under the agreement. In compliance with the tenant's request, …

Municipal Corporations-Zoning-Validity Of Ordinances Excluding Residences From Industrial Areas, Judson M. Werbelow S.Ed.

Michigan Law Review

Plaintiff purchased undeveloped land located in defendant municipality, intending to construct dwelling houses thereon. At the time of plaintiff's purchase, the land was zoned for industrial use, but the applicable ordinance did permit use of the land for residential as well as industrial purposes. Defendant municipality, a town of about 9,000 persons, had experienced a minimum of industrial growth and the possibility of future industrial development was slight. Shortly after the plaintiff had made his purchase, defendant municipality amended the applicable zoning ordinance to prohibit the use of plaintiff's land for residential purposes. However, the ordinance did permit the presence …

Real Property-Recording--Latent Defect In Acknowledgment Of Deed, Eugene Alkema

Michigan Law Review

In 1947 A executed a deed to B, which was recorded in July 1951. On May 7, 1951 A executed a deed of the same property to C, who did not record. C's deed bore a certificate of acknowledgment, but in fact the acknowledgment was taken by telephone and not in person as required by law to make it eligible for record. On May 9, 1951 C conveyed to D, who recorded both conveyances in his chain of title on May 26, 1951. In an action by B to quiet title, held, for B. Since …

Book Reviews, Arthur M. Sammis, Michael H. Cardozo, George T. Frampton, Percy Bordwell, S. E. Thorne, Herbert A. Kuvin, W. Bryan Bolich, Joseph Dainow, Robert B. Looper

Journal of Legal Education

No abstract provided.

Mining Claims: The Nemesis Of Federal Land Management, Raymond W. Haman

Washington and Lee Law Review

No abstract provided.

Securities - Effect Of Certificate Of Title Acts Of Sales On Encumberd Vehicles To Purchasers In Ordinary Course, Charles G. Williamson, Jr. S.Ed.

Michigan Law Review

The primary purpose of this comment will be to examine the various legislative schemes in use and the bearing of the certificate of title acts on the case of mortgagee v. purchaser in ordinary course.