Property Law and Real Estate Commons^™

Constitutional Law--Gift Of Land "For Use By White Race Only" Creates Possibility Of Reverter For Violation, C. M. C.

West Virginia Law Review

No abstract provided.

Deeds--Validity Of A Deed Not Signed By All Parties Designated As Grantors, J. W. P.

West Virginia Law Review

No abstract provided.

The Wills Branch Of The Worthier Title Doctrine, Joseph W. Morris

Michigan Law Review

It is the purpose of this article to examine the history and origin of the wills branch of the worthier title doctrine, to ascertain the extent of its application and the manner of its application, to determine the legal consequences flowing therefrom, and to consider the desirability of its continued existence.

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 …

Descent And Distribution - Ancestral Property - Exclusion Of Next Of Kin Other Than Half Bloods, George F. Lynch

Michigan Law Review

The decedent died intestate owning land which he had inherited from his father. His only next of kin were four blood aunts and uncles on his mother's side, and three blood aunts and uncles on his father's side. The paternal aunts and uncles contended that the land descended to them alone by virtue of a section of the Alabama code, which provides: "There is no distinction made between the whole and the half blood in the same degree, unless the inheritance came to the intestate by descent, devise or gift, from or of some one of his ancestors; in which …

Insurance - Recovery - Land Contract Purchaser Allowed Recovery On Both Vendee's And Vendor's Policies In Excess Of Loss, Jerome K. Walsh, Jr.

Michigan Law Review

An owner of realty entered into a contract to sell the land to the plaintiff. The vendor then took out fire insurance on his interest in the amount of $6,000 and the plaintiff obtained a policy covering his interest in the sum of $12,000, with a "three-fourths value" clause. Before performance of the contract and transfer of title, a fire occurred which caused $12,000 damage to the property. After the plaintiff paid the full contract price and took title to the property, he demanded and received an assignment of the claim under the vendor's policy. Plaintiff then brought suit on …

Personal Property - Gifts Causa Mortis - Effect Of Informal Writing Where There Is No Actual Delivery, David L. Nelson

Michigan Law Review

Prior to entering the hospital to undergo a serious operation, the decedent wrote an informal note to her husband telling him where he would find some money, a bank passbook, and a building and loan association stock book, which were hidden in their home. The note stated that this property was his. While the wife was under ether on the operating table, her husband found the note, after being directed to its location by a friend of the wife, and took possession of the items referred to. The wife did not recover consciousness and subsequently died. In an action by …

Real Property - Water Rights - Liability For Discharge Of Surface Water, Robert E. Hammell

Michigan Law Review

In 1950 the corporate defendants purchased a forty acre tract of farm land lying north of plaintiffs' golf course and restaurant. Drainage from this tract had always flowed in a natural course southerly through plaintiffs' land. The defendant corporations constructed a subdivision of 169 homes on the tract. This change aggravated the discharge of surface water onto the land of the plaintiffs, increasing the run-off some 350 percent and, in times of heavy rains, producing flood conditions. Plaintiffs were awarded damages and an injunction by the trial court. On appeal, held, reversed. In respect to 30 acres of defendants' …

What Is A Sale For Sales Tax Purposes?, Clyde L. Ball

Vanderbilt Law Review

Each of the states which has adopted some form of sales tax' has also adopted its own individual definition of the term "sale" or retail sale." So long as a tax upon a business transaction does not offend some constitutional principle, a legislature is free to include such transaction within its statutory definition of a sale for purposes of an excise tax levy. The statutory definitions, then, are conditioned not by the normal denotation or connotation of the word "sale," but rather by the taxing policies of the several legislative bodies. Synthesis of these varying statutes into an acceptable general …

Real Property—Reopening Tax Foreclosure Defaults, Thomas Hagmeir

Buffalo Law Review

City of New York v. Nelson, 309 N. Y. 94, 127 N. E. 2d 827 (1955).

Real Property—Landlord And Tenant—Owner Liability, Alan H. Levine

Buffalo Law Review

DeCasiano v. Morgan, 308 N. Y. 526, 127 N. E. 2d 321 (1955).

Procedure—Liability Of Independent Contractor To Landlord's Employee, Eileen Tomaka

Buffalo Law Review

Kelly v. Watson Elevator Co., 309 N. Y. 49, 127 N. E. 2d 802 (1955).

Real Property—Restrictive Covenant, Thomas Hagmeir

Buffalo Law Review

Single v. Whitmore, 307 N. Y. 575, 122 N. E. 2d 918 (1954).

Real Property—Validity Of Tax Sales, Alan H. Levine

Buffalo Law Review

Hurley v. Tolfree, 309 N. Y. 27, 127 N. E. 2d 736 (1955).

Real Property—Tax Deeds, Alan H. Levine

Buffalo Law Review

Cameron Estates v. Deering, 308 N. Y. 24, 123 N. E. 2d 621 (1954).

Miscellaneous—Husband And Wife As Joint Tenants', James Lindsay

Buffalo Law Review

In re Polizzo's Estate, 308 N. Y. 517, 127 N. E. 2d 316 (1955).

Financing Construction On Long Term Leasehold Estates, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Estoppel By Deed - Application Against A Tenant By The Entirety - Columbian Carbon Company V. Kight, Gerard Wm. Wittstadt

Maryland Law Review

No abstract provided.

Delivery To Imposters May Be Effective: Apparent Authority Of Estoppel? - Regal Shop Co. V. Legum Co., Robert James Gerstung

Maryland Law Review

No abstract provided.

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

Maryland Law Review

No abstract provided.

Recovery Of Money Paid Under A Mistake Of Law - Baltimore & Annapolis R. Co. V. Carolina Coach Co., P. Mcevoy Cromwell

Maryland Law Review

No abstract provided.

Real Property - Eminent Domain - Time For Fixing Damages - Super-Highway Construction, Neale F. Hooley

Villanova Law Review (1956 - )

No abstract provided.

Real Property--Notice Of Restrictive Covenants In Kentucky, Wayne J. Carroll

Kentucky Law Journal

No abstract provided.

Real Property—Percentage-Of-Sales Lease, Alan H. Levine

Buffalo Law Review

Mutual Life Ins. Co. of N. Y. v. Tailored Women, Inc., 309 N. Y. 248, 128 N. E. 2d 401 (1955).

Is The Attractive Nuisance Doctrine Outmoded, Robert M. Debevec

Cleveland State Law Review

The history of the "attractive nuisance" rule shows that it stemmed from the turntable cases because the courts felt that an owner of a contrivance of this nature was negligent in not keeping it locked when he realized that small children would play on it. From this shaky proposition of law was built the even shakier structure of the "attractive nuisance." There was no longer any question of the owner failing to repair a lock on a turntable, but the mere fact that the instrumentality or appliance was there became enough to find the owner liable towards trespassing children. The …

Nuisance In A Nutshell, Howard L. Oleck

Cleveland State Law Review

Nuisance is a word, and a legal phenomenon, of vague and conflicting nature. It refers to a liability rather than to an act. This article essays to summarize the modern law of nuisance, briefly, and without detailed attempts to indicate the latest points of evolution of the law on the subject.

Real Property—Foreclosure Expenses, Alan H. Levine

Buffalo Law Review

Wesselman v. Engel Co., 309 N. Y. 27, 127 N. E. 2d 736 (1955).

Maritime Lien Priorities: Cross-Currents Of Theory, Roger G. Connor

Michigan Law Review

The purpose of this article is not to develop a synthesis, for no synthesis is possible, but to give an account of the general theories governing maritime lien priorities, together with a discussion of the concrete issues which arise in their application.

Personal Property--Delivery Of Gifts In Kentucky, J. Leland Brewster

Kentucky Law Journal

No abstract provided.

Covenants--Termination Resulting From A Change Of Conditions, G. Wayne Bridges

Kentucky Law Journal

No abstract provided.