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Articles 7141 - 7170 of 8419

Full-Text Articles in Property Law and Real Estate

Advancements: Iii, Harold I. Elbert Feb 1954

Advancements: Iii, Harold I. Elbert

Michigan Law Review

Many states have statutes which provide that support, maintenance and education of a child will not be considered an advancement unless the parent intended it as such. The Kentucky statute is typical and it reads in part as follows: " . . . the maintaining or educating or the giving of money, to a child or grandchild without any view to a portion or settlement in life, shall not be deemed an advancement." Most states do not have statutes of that type but by judicial decision reach a result that is in accord with the statutory provision just quoted.

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Basye: Clearing Land Titles, Allan F. Smith Feb 1954

Basye: Clearing Land Titles, Allan F. Smith

Michigan Law Review

A Review of Clearing Land Titles. By Paul E. Basye.

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Perpetuities And Other Restraints: A Study Of The Michigan Statutes And Decisions Relating To Perpetuities And Other Devices Which Fetter The Alienability Of Property, Against The Background Of The Laws Of England And Other American Jurisdictions, William F. Frachter Jan 1954

Perpetuities And Other Restraints: A Study Of The Michigan Statutes And Decisions Relating To Perpetuities And Other Devices Which Fetter The Alienability Of Property, Against The Background Of The Laws Of England And Other American Jurisdictions, William F. Frachter

Michigan Legal Studies Series

The central theme of this study comprises the judicial and legislative rules developed to restrict attempts by men of property to endow their families in perpetuity, usually with land, in such manner that each successive living generation can neither part with the property nor prevent unborn generations from succeeding to it. Part One deals with attempts to accomplish this object by bestowing the whole title on each living generation but denying each such generation the power to dispose of the property or to prevent its· descent to the next generation. In this part the principal restrictive rules are judicial, the …

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Eminent Domain: Intergovernmental Conflicts Jan 1954

Eminent Domain: Intergovernmental Conflicts

Indiana Law Journal

No abstract provided.

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Standards Of Title Examination, Ohio State Bar Association Jan 1954

Standards Of Title Examination, Ohio State Bar Association

Cleveland State Law Review

Standards of Title Examination adopted in 1952 and 1953 by the Ohio State Bar Association: The primary purpose of standards of title examination is to promote uniformity of practice pertaining to marketability of titles. Standards of title examination have been adopted by the bar associations of seventeen other states. All reports from these states show that the bar welcomes and appreciates the benefits.The scope of the work has been limited by the committee's policy of proposing standards for adoption by the association only where the practice has been diverse and where no substantial doubt as to the law or as …

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Joint Tenancy Is Not Severed By Judgment Lien - Execution Is Necessary - Eder V. Rothamel Jan 1954

Joint Tenancy Is Not Severed By Judgment Lien - Execution Is Necessary - Eder V. Rothamel

Maryland Law Review

No abstract provided.

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How Small A House? -- Zoning For Minimum Space Requirements, Val Nolan Jr., Frank E. Horack Jr. Jan 1954

How Small A House? -- Zoning For Minimum Space Requirements, Val Nolan Jr., Frank E. Horack Jr.

Articles by Maurer Faculty

No abstract provided.

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Equal Protection--Enforcement Of Restrictive Covenants, Roger B. Leland Jan 1954

Equal Protection--Enforcement Of Restrictive Covenants, Roger B. Leland

Kentucky Law Journal

No abstract provided.

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Future Interests--Alienability Of A Possibility Of Reverter In Kentucky, Gardner L. Turner Jan 1954

Future Interests--Alienability Of A Possibility Of Reverter In Kentucky, Gardner L. Turner

Kentucky Law Journal

No abstract provided.

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Lease--When A Building Is "Destroyed"--Smith V. Gillen, Robert A. Palmer Jan 1954

Lease--When A Building Is "Destroyed"--Smith V. Gillen, Robert A. Palmer

Kentucky Law Journal

No abstract provided.

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Property—Real Property—Easements, Richard Manz Dec 1953

Property—Real Property—Easements, Richard Manz

Buffalo Law Review

Di Leo v. Pecksto Holding Corp., 304 N. Y. 505, 109 N .E. 2d 600 (1952); Gracie Square Realty Corp. v. Choice Realty Corp., 305 N. Y. 271, 113 N. E. 2d 416 (1953).

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Property—Real Property—Collateral Attack, Richard Manz Dec 1953

Property—Real Property—Collateral Attack, Richard Manz

Buffalo Law Review

Swindler v. Knocklong Corp., 305 N. Y. 527, 114 N. E. 2d 25 (1953).

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Property—Real Property—Landlord-Tenant, Richard Manz Dec 1953

Property—Real Property—Landlord-Tenant, Richard Manz

Buffalo Law Review

Jones v. Gianferante, 305 N. Y. 135, 111 N. E. 2d 419 (1953); Black v. General Wiper Co., Inc., 305 N. Y. 386, 113 N. E. 2d 528 (1953).

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Mortgages - Redemption - Right Of Mortgagee To Require Partial Redemption, James S. Taylor S.Ed. Dec 1953

Mortgages - Redemption - Right Of Mortgagee To Require Partial Redemption, James S. Taylor S.Ed.

Michigan Law Review

The mortgagor of the premises in question died leaving as his heirs-at-law the plaintiff and eight other children. Shortly thereafter, the mortgagee commenced proceedings to foreclose the mortgage under a power of sale. Pending these proceedings the plaintiff entered the military service of the United States and thus became entitled under the Soldiers and Sailors Civil Relief Act of 1940 to protection against the exercise of the power of sale. The mortgagee purchased at the foreclosure sale and thereafter made extensive improvements on the land. Plaintiff brought a bill to redeem the premises, tendering the entire amount of the mortgage …

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Wills - Enforcement Of Parol Contract To Devise Real Property, John S. Slavens S.Ed. Dec 1953

Wills - Enforcement Of Parol Contract To Devise Real Property, John S. Slavens S.Ed.

Michigan Law Review

Plaintiffs and decedent made an oral agreement whereby plaintiffs agreed to pay decedent a yearly sum and to make repairs on certain real estate in return for which decedent agreed to devise the real estate to plaintiffs. Plaintiffs had been in possession of the property for several years and had vastly improved its value when decedent died, devising the property to third parties. Plaintiffs brought this action for specific performance against the devisees. The trial court, satisfied that the oral contract had been established, entered the decree for specific performance. On appeal, held, affirmed. A person can make a …

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The Non-General Power Of Appointment -- A Creature Of The Powers Of Appointment Act Of 1951, Allan Mccoid Dec 1953

The Non-General Power Of Appointment -- A Creature Of The Powers Of Appointment Act Of 1951, Allan Mccoid

Vanderbilt Law Review

In the course of the past fifty years, during which estate planning has become a specialty rather than one of many jobs handled by the general practitioner, the power of appointment has become an increasingly popular form of gift. The two great advantages which have been claimed for the power are the introduction of great flexibility into the estate plan and the reduction of the tax burden on the property as it passes from one generation to another. It was presumably with both of these objectives in mind that Professor William J. Bowe made a suggestion last year as to …

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Is The Rule Against Perpetuities Doomed?, Lewis M. Simes Dec 1953

Is The Rule Against Perpetuities Doomed?, Lewis M. Simes

Michigan Law Review

Few rules of the common law have shown such amazing vitality as the rule against perpetuities. Emerging in the Duke of Norfolk's Case in 1682, as a rule to restrict unbarrable entails in land, it is now applied, not only to interests in land, legal and equitable, but also to personal estate, tangible and intangible, including beneficial interests in trusts. It is regarded as a part of the common law of nearly every English speaking country, except a few of the United States where statutory substitutes have been provided. Since 1930, statutory substitutes have been abolished and there has been …

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Advancements: Ii, Harold I. Elbert Dec 1953

Advancements: Ii, Harold I. Elbert

Michigan Law Review

A voluntary inter vivos transfer by a parent to a child is not an advancement so long as the transferor lives. The purpose of the doctrine is to equalize an intestate' s property among his children. It is auxiliary to the distribution of his estate that the question of advancement is raised. The death of the transferor is not enough to give rise to the doctrine. The person seeking to charge the intestate's heirs with an advancement must prove several additional facts. The legislation of each state determines what must be proved in order to charge the transferee with an …

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Public And Public Welfare Property Tax Exemption In West Virginia, Albert S. Abel Nov 1953

Public And Public Welfare Property Tax Exemption In West Virginia, Albert S. Abel

West Virginia Law Review

No abstract provided.

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Injunctions Against Trespasses Where Title Is In Dispute, R. A. K. Nov 1953

Injunctions Against Trespasses Where Title Is In Dispute, R. A. K.

West Virginia Law Review

No abstract provided.

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Use Of The Containing Space After The Removal Of Subsurface Minerals, Robert T. Donley Nov 1953

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 …

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Securities - Application Of Antideficiency Judgment Statute To Second Purchase Money Trust Deed Where Security Is Exhausted By Foreclosure Of First Deed, John Houck S.Ed. Nov 1953

Securities - Application Of Antideficiency Judgment Statute To Second Purchase Money Trust Deed Where Security Is Exhausted By Foreclosure Of First Deed, John Houck S.Ed.

Michigan Law Review

To secure the purchase price of land, defendant executed a promissory note and first deed of trust in favor of a savings and loan association, and a second note and deed in favor of plaintiff-vendor. On default of both obligations, the savings and loan association foreclosed upon the land. The resulting sale completely exhausted the security, and plaintiff brought the present action upon his note. Defendant interposed section 580b of the California Code of Civil Procedure, which specifies that "no deficiency judgment shall lie in any event after any sale of real property for failure of the purchaser to complete …

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Conservation Of Dwellings: The Prevention Of Blight Oct 1953

Conservation Of Dwellings: The Prevention Of Blight

Indiana Law Journal

No abstract provided.

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The Sale Of Mortgaged Real Estate Under The Indiana Gross Income Tax: A Judicial Lesson In Semantics Oct 1953

The Sale Of Mortgaged Real Estate Under The Indiana Gross Income Tax: A Judicial Lesson In Semantics

Indiana Law Journal

No abstract provided.

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Constitutional Law, Paul H. Sanders Aug 1953

Constitutional Law, Paul H. Sanders

Vanderbilt Law Review

The Supreme Court of Tennessee has been faced with few major Constitutional Law problems during the period under consideration. Statistically, the action of the Court in invalidating one law out of almost a score that were attacked before it on the basis of constitutional defect suggests an attitude of judicial restraint toward the product of a coordinate branch of government. The relatively small number of constitutional questions raised-- and many of them were obviously make-weight rather than points of principal reliance-- suggests a general awareness of the Court's stability and the unlikelihood of its departing from established precedent. Similarly, regard …

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Contracts, Merton Ferson Aug 1953

Contracts, Merton Ferson

Vanderbilt Law Review

The case of Thomas v. Million presented these facts: The defendant listed a house and lot for sale with the plaintiff, a real estate broker,for $16,500. The plaintiff advertised the property for sale and showed it to many prospects, including a man by the name of Cowell. After that, the defendant wrote a letter to the plaintiff, "terminating the agency contract" of the plaintiff. The defendant then sold the property to Cowell for $15,500. The plaintiff was allowed to recover $500 as a reasonable commission.

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Property, Harry M. Cross Aug 1953

Property, Harry M. Cross

Washington Law Review

Covers alien land law and survivorship in joint tenancies.

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Future Interests, Herman L. Trautman Aug 1953

Future Interests, Herman L. Trautman

Vanderbilt Law Review

There were five cases in the field of Future Interests during the period' covered by this Survey. They were all decided by the Supreme Court of Tennessee. From the standpoint of doctrinal development, Mountain City Missionary Baptist Church v. Wagner, involving the relation of the possibility of reverter to the Rule against Perpetuities, was probably the most significant, although the point determined had perhaps been assumed previously in Tennessee. Pope v. Alexander drew a neat distinction between a trust for a "public" cemetery and a trust for a "private" cemetery with respect to the Rule against Perpetuities. A plausible suggestion …

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Real Property, Herman L. Trautman Aug 1953

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 …

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Personal Property And Sales, William D. Warren Aug 1953

Personal Property And Sales, William D. Warren

Vanderbilt Law Review

The similarity of the subject matter, together with the paucity of cases in each field, has made it advisable to combine the personal property and sales cases in one article. Though the total number of cases falling within these fields was small, the proportion of novel and interesting issues raised was high. This article is an attempt to analyze as well as describe the significant cases decided in this area within the past year.

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