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Articles 7081 - 7110 of 8419

Full-Text Articles in Property Law and Real Estate

Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle May 1955

Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle

Michigan Law Review

Testator's will, executed in 1944, named his wife executrix and sole devisee. One month before his death in 1952 he entered into a detailed separation and property settlement agreement with her in which, though not referring directly to the will, the wife released any present, future or after-acquired interest in the same realty as was devised in the will. The widow's offering of the will for probate was contested by the heirs. The lower court directed a verdict for the contestants on the ground that the agreement operated to revoke the will. On appeal, held, reversed. Since neither a …

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Bills And Notes - Holder In Due Course - Notice Of Infirmity In Instrument To Finance Company Closely Connected To Dealer, William G. Cloon, Jr. S.Ed. Apr 1955

Bills And Notes - Holder In Due Course - Notice Of Infirmity In Instrument To Finance Company Closely Connected To Dealer, William G. Cloon, Jr. S.Ed.

Michigan Law Review

The defendant purchased a car from a dealer who represented it to be a new demonstrator. In fact, the car was a used one. The defendant executed a negotiable note for the balance of the purchase price and a chattel mortgage on forms which were furnished the dealer by the plaintiff finance company. The dealer handled the paper, but the plaintiff was to finance the sale and the note was payable at the office of the plaintiff. Both the bill of sale and the chattel mortgage described the car as a new demonstrator. The note was indorsed in blank by …

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Right To Bill Of Particulars In Eminent Domain Proceedings, G. D. H. S. Mar 1955

Right To Bill Of Particulars In Eminent Domain Proceedings, G. D. H. S.

West Virginia Law Review

No abstract provided.

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Pleading--Wrongful Death Action--Improper To Include Claim For Property Damage, G. W. S. G. Mar 1955

Pleading--Wrongful Death Action--Improper To Include Claim For Property Damage, G. W. S. G.

West Virginia Law Review

No abstract provided.

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Boundaries: Description V. Survey, Olin L. Browder, Jr. Mar 1955

Boundaries: Description V. Survey, Olin L. Browder, Jr.

Michigan Law Review

These propositions I first encountered as a student in law school. At that time they struck me as rather startling propositions, which could not be reconciled with other things I had learned about the law of conveyancing. I do not recall exactly how they were disposed of: whether they were to be regarded as the law on the subject or merely as a couple of striking aberrations. There were too many other matters demanding attention at that time to allow much fretting over so small a question. Upon returning to the classroom some years later-but now sitting on the other …

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Conflict Of Laws -- Escheat Of Intangible Property To The State Of Situs, John F. Dodge, Jr S.Ed. Feb 1955

Conflict Of Laws -- Escheat Of Intangible Property To The State Of Situs, John F. Dodge, Jr S.Ed.

Michigan Law Review

The intestate died domiciled in California leaving no known heirs or next of kin. In addition to property in California adequate to pay his debts, the deceased left deposits in three New York banks. The domiciliary administrator, acting as ancillary administrator in New York, received the proceeds of the bank accounts, petitioned for judicial settlement, and requested payment of the ancillary estate to himself as domiciliary administrator. Held, the money should be paid to the Comptroller of the State of New York as abandoned property. In re Menschefrend's Estate, 283 App. Div. 463, 128 N.Y.S. (2d) 738 (1954).

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Real Property - General Scheme In Enforcement Of Restrictive Covenants, Herbert R. Brown Feb 1955

Real Property - General Scheme In Enforcement Of Restrictive Covenants, Herbert R. Brown

Michigan Law Review

Common grantor filed for record a plat of the subdivision in which defendant and plaintiff both own lots. Plaintiff alleged that the subdivision was restricted. Only three of fifteen subdivision deeds entered for record contained written restrictions, and the subdivision plat which had been filed did not show any restrictions. In an action brought by plaintiff to prevent the defendant from violating the alleged restrictions, held, temporary injunction restraining the defendant granted. The court found a general building scheme of which the defendant had actual notice when he purchased his lot.Womack v. Dean, (Tex. Civ. App. 1954) …

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Real Property - Grantor's Covenant To Insert Restrictions In Future Deeds As Personal Covenant, John B. Huck Feb 1955

Real Property - Grantor's Covenant To Insert Restrictions In Future Deeds As Personal Covenant, John B. Huck

Michigan Law Review

Certain farm owners, intending to subdivide the land, conveyed a lot to plaintiff by a deed restricting its use to residence purposes and providing that only single dwellings could be erected. The grantors covenanted to insert the same restrictions in future deeds to the rest of the land. Plaintiff recorded his deed. The grantors subsequently sold another lot to defendant church without inserting a similar restrictive covenant. Plaintiff brought suit to enjoin the erection of the church. On appeal from a decree for defendant, held, affirmed, three judges dissenting. The parties to the first deed, in providing for similar …

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Legal Sufficiency Of Replication To Plea Of Limitations - Piper V. Jenkins Jan 1955

Legal Sufficiency Of Replication To Plea Of Limitations - Piper V. Jenkins

Maryland Law Review

No abstract provided.

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Further Developments As To The Alienability And Transmissibility Of Future Interests In Maryland, Russell R. Reno Jan 1955

Further Developments As To The Alienability And Transmissibility Of Future Interests In Maryland, Russell R. Reno

Maryland Law Review

No abstract provided.

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Easement Implied By Reference To A Plat - Klein V. Dove, Christopher H. Foreman Jan 1955

Easement Implied By Reference To A Plat - Klein V. Dove, Christopher H. Foreman

Maryland Law Review

No abstract provided.

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The Effect Of An Encroachment On Municipal Property On The Marketability Of Title - Sinclair V. Weber Jan 1955

The Effect Of An Encroachment On Municipal Property On The Marketability Of Title - Sinclair V. Weber

Maryland Law Review

No abstract provided.

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Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes Jan 1955

Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes

Michigan Law Review

Plaintiffs were employed to make improvements on defendant's building. While the work was in progress the roof was partially destroyed by £ire through no fault of plaintiffs. Necessary repairs were made without the express consent of the defendant, who was in Europe and who had left no one in charge of the building to act for him. The trial court entered judgment foreclosing a materialman's lien given by statute to "any person who shall, under oral or written contract with the owner of any tract or piece of land, perform labor or furnish material for the . . . repair …

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Real Property - Restrictive Covenants - Termination By Declaratory Judgment, Edward H. Hoenicke Jan 1955

Real Property - Restrictive Covenants - Termination By Declaratory Judgment, Edward H. Hoenicke

Michigan Law Review

Appellant originally owned all of a certain tract of land upon which his home was built. In 1942 he conveyed one lot to the predecessor in title of the appellees, including in the deed a covenant restricting the lot to residential uses. Subsequently he conveyed three other lots carved from the original tract without inserting restrictive covenants in the deeds. The appellees brought suit for a declaratory judgment invalidating the restrictive covenant on their lot, and such judgment was granted. While an appeal from this decree was pending, appellant sold his home to a rural electric co-operative for admittedly commercial …

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The Federal Income Tax Consequences Of Transactions Relating To Mortgages On Land, Lester R. Rusoff Jan 1955

The Federal Income Tax Consequences Of Transactions Relating To Mortgages On Land, Lester R. Rusoff

Buffalo Law Review

No abstract provided.

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A Historical Sketch Of The American Recording Acts, P.H. Marshall Jan 1955

A Historical Sketch Of The American Recording Acts, P.H. Marshall

Cleveland State Law Review

The Recording Acts have come into existence primarily to fulfill the "needs" and requirements of the people enacting them - the ultimate need being the protection of the bona fide purchaser for value in a real estate conveyance. However, the requirements of the people throughout the historical development of the law differed greatly. It is quite clear that the fore-running statutes of today's recording acts were based upon a revenue preservation basis rather than the protection of anyone. As land conveyance became more frequent, this pecuniary basis was transformed into a more equitable one, which finally formulated the recording acts …

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Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright Jan 1955

Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright

Michigan Law Review

Title examiners, and more particularly their clients, have long suffered from a controversy-limited almost exclusively to Michigan- involving the methods by which the United States Treasury Department could perfect general federal tax liens. The December 1952 issue of the Michigan Law Review carried an article by the present writer pointing up the irreconcilable difference which has existed for a quarter of a century between the type of record notice which the Treasury was willing to provide prospective bona fide purchasers et al., and the quite different and more demanding type which the Michigan Legislature insisted upon if the local offices …

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Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed. Jan 1955

Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed.

Michigan Law Review

It is the purpose of this comment to examine the legal consequences produced when the tranquility of the residential district is disturbed by governmental action.

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The Rule Against Perpetuities And Typical Oil And Gas Leases, David R. Macdonald S.Ed. Jan 1955

The Rule Against Perpetuities And Typical Oil And Gas Leases, David R. Macdonald S.Ed.

Michigan Law Review

This comment is concerned with the examination of various methods of creating future interests in gas and oil and the effect of the rule against perpetuities on these interests.

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Formalities And Requisites Of A Deed In Kentucky, Wesley Gilmer Jr. Jan 1955

Formalities And Requisites Of A Deed In Kentucky, Wesley Gilmer Jr.

Kentucky Law Journal

No abstract provided.

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Restrictive Covenants--Use, Maintenance Or Grant Of Right Of Way Across Restricted Property, Charles R. Hamm Jan 1955

Restrictive Covenants--Use, Maintenance Or Grant Of Right Of Way Across Restricted Property, Charles R. Hamm

Kentucky Law Journal

No abstract provided.

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Covenants--When A Change Of Conditions May Render A Residential Restriction Unenforceable, Robert A. Palmer Jan 1955

Covenants--When A Change Of Conditions May Render A Residential Restriction Unenforceable, Robert A. Palmer

Kentucky Law Journal

No abstract provided.

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Kentucky Developments In 1954: Personal And Real Property, Future Interests And Trusts, W. L. Matthews Jr. Jan 1955

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

Kentucky Law Journal

No abstract provided.

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Property Rights In Professional Service Contracts, David B. Sebree Jr. Jan 1955

Property Rights In Professional Service Contracts, David B. Sebree Jr.

Kentucky Law Journal

No abstract provided.

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Devolution Of Rights Under An Unexercised Option To Purchase Land, Eugene C. Roemele Iii Jan 1955

Devolution Of Rights Under An Unexercised Option To Purchase Land, Eugene C. Roemele Iii

Kentucky Law Journal

No abstract provided.

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Conditional Delivery Of A Deed To The Grantee, Carl W. Turner Jan 1955

Conditional Delivery Of A Deed To The Grantee, Carl W. Turner

Kentucky Law Journal

No abstract provided.

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Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi Dec 1954

Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi

Michigan Law Review

It is the purpose of this comment to examine the skills which courts have developed to avoid inequitable results which might arise from forfeiture of estates, and, further, to attempt to demonstrate that judicial opinion may be in a transitional stage, tending to incorporate into law the equitable doctrine of change of conditions in disposing of cases involving rights of entry and possibilities of reverter.

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Real Property - Easements - Right To Take Water From A Pond As Absolute, Exclusive Profit In Gross, Stephen J. Martin S.Ed. Dec 1954

Real Property - Easements - Right To Take Water From A Pond As Absolute, Exclusive Profit In Gross, Stephen J. Martin S.Ed.

Michigan Law Review

One Divine owned a small natural lake and a mill nearby. He dammed the lake, and ran a pipe from it to his mill. At times he sold water after it left the mill to defendant's assignor, who owned a hotel near the mill. In 1919 Divine sold the lake to plaintiff's assignor, reserving to himself the right to dam the lake and draw off water from it, so long as the level stayed between high and low water marks. Then Divine sold the mill lot to defendant's assignor, who closed it down, but continued to take water through the …

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Suggestions For The Improvement Of Municipal Annexation Law, Wallace Mendelson Dec 1954

Suggestions For The Improvement Of Municipal Annexation Law, Wallace Mendelson

Vanderbilt Law Review

World War II aggravated one of our most troublesome municipal problems--the growth of urban fringe areas around the outskirts of towns and cities. Many municipalities are finding their natural development either frustrated or completely strangled by choker necklaces of satellite settlements. Parent cities are surrounded by slum areas which they cannot control and wealthy suburban sections which they cannot tax. For it is common that the poorest and the most prosperous tend to live in the outskirts--the former to avoid the sanitation and anti-nuisance standards of urban life, the latter to escape their share of the cost of government in …

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Securities - Sufficiency Of The Property Description And Its Relations To The Notice Provided By A Recorded Chattel Mortgage, Judson M. Werbelow S.Ed. Nov 1954

Securities - Sufficiency Of The Property Description And Its Relations To The Notice Provided By A Recorded Chattel Mortgage, Judson M. Werbelow S.Ed.

Michigan Law Review

The primary aims of this comment are to point out what the law requires in the nature of description, to analyze the value of these requirements in the light of the recording acts, to examine possible alternative security devices, and to suggest some useful steps that may be taken to augment the present system.

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