Property Law and Real Estate Commons^™

Kentucky Decisions On Future Interests (1938-1953), W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

Claims Against The State Of Kentucky--Reverse Eminent Domain, Paul Leo Oberst, Thomas P. Lewis

Kentucky Law Journal

No abstract provided.

Property—Real Property—Adverse Possession, Robert Schaus

Buffalo Law Review

Van Volkenburg v. Lutz, 304 N. Y. 95, 106 N. E. 2d 28 (1952).

Property—Personal Property—Bailments, Robert Schaus

Buffalo Law Review

Viehlman v. Manufacturers Safe Deposit Co., 303 N. Y. 526, 104 N. E. 2d 888 (1952).

Some Observations On Bailey V. Baker, C. E. Goodwin

West Virginia Law Review

No abstract provided.

Constitutional Law--Privacy--Right Of Individual On Public Conveyances, G. D. H. S.

West Virginia Law Review

No abstract provided.

Mines And Minerals--Ownership Of Containing Space, C. J. C.

West Virginia Law Review

No abstract provided.

Property—Real Property—Mortgages, Robert Schaus

Buffalo Law Review

Shohfi v. Shohfi, 303 N. Y. 370, 103 N. E. 2d 330 (1952).

In Rem Tax Forclosure In Erie County—Inviolable Title?, Matthew X. Wagner Sr., Robert C. Schaus

Buffalo Law Review

No abstract provided.

Equity-Specific Performance-Decrease In Money Value Subsequent To The Inception Of An Option Contract Is Not Hardship, Harry T. Baumann S. Ed.

Michigan Law Review

ln 1940 defendant leased his property to the plaintiff for ten years with an option to purchase for $25,000 at any time within the term of the lease. One month before the lease expired, the plaintiff gave defendant notice of his election to exercise the option. Defendant claimed that, subsequent to exercise of the option, a fair bid of $35,000 had been made by a third party and, therefore, he was not required to convey. In an action for specific performance, the trial court held that the subsequent bid was of no effect under the contract, and the plaintiff was …

Torts-Assault And Battery-Use Of Traps To Protect Property From Felonious Taking, Charles E. Oldfather S. Ed.

Michigan Law Review

Plaintiff brought an action for personal injuries. Defendant planted two sticks of dynamite in the floor beneath the door of his mining warehouse in order to prevent repeated thefts of personal property from the building. The dynamite was rigged to explode when the door was opened. Plaintiff, with the intent of stealing whatever he could, broke the lock, opened the door, and from the ensuing explosion received leg and foot injuries. Plaintiff's act was a statutory felony. Defendant testified that he in good faith thought that the amount of dynamite used would merely frighten the plaintiff. Trial court held the …

Real Property-Tenancy By Entireties-Creation By Deed From Husband To Husband And Wife, Richard P. Matsch S. Ed.

Michigan Law Review

H owned real estate in fee simple. His wife, W, joined with him in a warranty deed conveying the land to themselves with the expressed intention of creating a tenancy by entireties. H died and his heirs challenged W's right to take the fee by survivorship. The trial court held that a tenancy by entireties had been created and the wife properly took the fee. On appeal, held, affirmed, one judge dissenting. An Arkansas statute providing that a married man may convey "the interest specified in the deed" directly to his wife permits a husband, already owner …

Statute Of Frauds—Real Estate Brokers' Contracts—Agency, James B. Mitchell

Washington Law Review

P orally engaged D to sell P's land, for which D was to receive a commission of $1,000. D falsely represented that he had procured a purchaser who would buy the property if he could obtain a loan of $10,000, and that D could procure the necessary loan upon paying a bonus of $3,000 to the lender. P, in reliance on these representations, entered a written agreement to pay D $4,000. P brought an action to recover the $3,000 which D had received and converted to his own use. Held: The oral agreement created an agency relationship which D breached …

Book Reviews, Thomas Reed Powell, Bernard D. Meltzer, Louis L. Jaffe, Edward D. Morgan, Paul H. Sanders, Neill H. Alford Jr., Carl M. Franklin, Fowler Harper, Robert E. Childs, David E. Watts, Joseph L. Frascona, Maynard E. Pirsig, Samuel M. Fahr, Robert S. Stevens, Corwin W. Johnson, W. Friedmann, Thomas A. Cowan

Journal of Legal Education

No abstract provided.

Book Reviews, Cornelius J. Moynihan, John Hanna, Walter Dunham Jr., Marshman S. Wattson, Harold J. Berman, L. H. Rhinelander, William D. Warren

Journal of Legal Education

No abstract provided.

Taxation--Liability Of Purchaser At Tax Sale For Assessments On Property, S. F. B.

West Virginia Law Review

No abstract provided.

Tax Planning For Nontaxable Estates, William J. Bowe

Vanderbilt Law Review

Owners of modest estates are always greatly relieved to learn of the liberal federal estate tax exemption of $60,000. Freed from the burden of federal estate tax planning they frequently turn their attention to methods of transferring property which will avoid the heavy cost and delay incident to probate administration. Joint ownership, gifts of remainder interests, donee-beneficiary contracts, revocable trusts are among the more common devices available. Use of any one of these plans may accomplish a shift in possession and enjoyment of property upon the death of the planner with no delay and minimum expense.

But the income tax …

Rights Of Creditors In Insurance -- The Tennessee Exemption Statutes, Paul J. Hartman

Vanderbilt Law Review

The subject of the availability of assets to creditors is important when a trustee in bankruptcy as a representative of creditors is seeking to gather assets to pay off creditors; and the subject is of equal importance where a single creditor, not in a bankruptcy proceeding, is seeking to satisfy his claim out of the assets of his debtor. Whatever is property in the hands of the debtor is available to his creditors, unless it is exempt by law. This property is his estate, considered indifferently from the standpoint of the single creditor who seeks to realize for himself alone, …

Book Reviews, Hugh L. Sowards, Stanley D. Rose (Reviewer), William D. Warren (Reviewer)

Vanderbilt Law Review

Securities Legislation

By Louis Loss

Boston: Little, Brown & Com-pany, 1951. Pp. xxvii, 1283. $17.50

reviewer: Hugh L. Sowards

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Private Property, the History of an Idea

By Richard Schlatter

New Brunswick: Rutgers University Press, 1951. Pp. 284. $2.50

reviewer: Stanley D. Rose

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Oil and Gas Law: Collection of articles

TEXAS LAW REVIEW

Austin: Texas Law Review, Inc., 1951. Pp. xix, 1736. $15.00

reviewer: William D. Warren

Statute Of Frauds—Executory Land Contracts—Requisites And Sufficiency For A Written Description Of Platted Land By Street Number, City, County And State, G. J. Silvernale Jr.

Washington Law Review

In an action for specific performance of a real estate contract, D set up the plea of the statute of frauds, in that there was an insufficient legal description. D had signed an earnest money agreement containing the following description: "real property: at 309 E. Mercer, Seattle, King County, Washington." Held: the legal description is insufficient. Every contract for the sale or conveyance of platted real property must contain in addition to the other requirements of the statute of frauds, the description of such property by correct lot number(s), block, addition, city, county, and state. Martin v. Seigel, 35 Wn. …

Conflict Of Laws-Property-Law Governing Mortgage Deficiency Judgments, William O. Allen S.Ed.

Michigan Law Review

Defendant, a Michigan corporation, became a guarantor on a mortgage of land located in Alabama. Both the mortgage and underlying note were executed in Alabama and the note was payable there. Upon default, mortgagee, acting under a power of sale, foreclosed the mortgage and became the purchaser at the sale, which was duly conducted according to Alabama law. Mortgagee then brought this action in the federal district court for Michigan to recover the deficiency remaining due after foreclosure. Defendant claimed that the fair market value of the mortgaged property exceeded the balance due on the mortgage debt, and that under …

Restraints On Alienation Of Legal Interests In Michigan Property: Iii, William F. Fratcher

Michigan Law Review

In England the impossibility of inter vivos creation of interests in expectancy in chattels and the unsuitability for the purpose of the devices of bailment and contract have tended to restrict attempts to restrain the alienation of chattels to the trust device and provisions in wills for forfeiture on alienation. The trust device involves equitable interests, which are beyond the scope of this study. In connection with a bequest of the use and occupation of chattels for life or a term of years the English courts would probably sustain the validity of a provision for forfeiture on alienation by way …

Real Property-Licenses-Revocability Of Parol Licenses Which Have Been Acted Upon, Charles E. Oldfather

Michigan Law Review

Plaintiff, operator of a boat company, owned land adjoining a river. X held land between that of the plaintiff and a county road. Plaintiff, seeking to secure a way from his property to the county road, offered by letter to purchase forty acres from X, and upon refusal, attempted to buy a forty foot strip, which was again refused. There was further correspondence, in which the parties referred to an "easement" or a "right of way," which terminated in a letter from X saying: ''From the standpoint of this company, there will be no objection to you building a …

Title By Adverse Possession In Tennessee, Allen Shoffner

Vanderbilt Law Review

The Tennessee courts have been unnecessarily burdened with the interpretation and application of ambiguous statutes; in consequence, the material to be found on adverse possession is voluminous and difficult to analyze. Yet the law on this subject seems to satisfy present day needs and is basically in accord with the policy of quieting titles. The method by which title may be acquired regardless of disabilities seems desirable. The seven-year defensive or possessory title statute, although peculiar in its nature, tends to encourage use and development of rural and mountainous lands. The presumption of a grant affords a way for one, …

Eminent Domain—Private Property Destroyed Pursuant To Scorched Earth Policy—Held Compensable, Neil R. Farmelo

Buffalo Law Review

Caltex (Phillipines) Inc. v. United States, 100 Fed. Supp. 970 (Ct. Cl. 1951).

Landlord And Tenant--Conditions And Limitations, C. M. H.

West Virginia Law Review

No abstract provided.

Equity—Specific Performance By Partial Sub-Purchaser Against Original Vendor, Robert Schaus

Buffalo Law Review

George V. Clark Co., Inc. et al v. New York, New Haven & Hartford Ry. Co. et al., __ App. Div __ , 107 N. Y. S. 2nd 721 (1st Dept. 1951).

Tenancies By The Entirety In New York, Hilary P. Bradford

Buffalo Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--RACIAL RESTRICTIVE COVENANTS--ALLOWANCE OF DAMAGES FOR BREACH

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CORPORATIONS--PARENT AND SUBSIDIARY--SUBSIDIARY AS INSTRUMENTALITY OF PARENT WHEN USED TO CARRY ON UNFAIR TRADE PRACTICES

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EVIDENCE--ADMISSIBILITY OF CONFESSION--SCOPE OF REVIEW OF COURT-MARTIAL BY COURT OF MILITARY APPEALS

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EVIDENCE--CONFLICT OF LAWS--APPLICATION OF DOCTRINE OF RES IPSA LOQUITUR

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EVIDENCE--DUE PROCESS--USE IN STATE PROSECUTION OF EVIDENCE FORCIBLY OBTAINED BY STOMACH PUMP

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EVIDENCE--ENTRIES IN THE REGULAR COURSE OF BUSINESS--TEST FOR EXTENT OF ADMISSIBILITY UNDER FEDERAL JUDICIAL CODE

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EVIDENCE--HEARSAY--ADOPTION OF LIBERAL ADMISSION RULES OF ADMINISTRATIVE TRIBUNALS IN ANTITRUST COURT ACTION

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EVIDENCE--IMPEACHMENT OF ONE'S OWN WITNESS--USE OF PRIOR INCONSISTENT STATEMENTS

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Real Property-Landlord And Tenant-Transfer By Lessee As Sublease, Not Assignment, John S. Slavens

Michigan Law Review

X leased lands to plaintiff for a term of years, with a provision that if property truces were assessed against the property in excess of a certain amount, plaintiff would pay X a certain proportion of the excess amount as additional rent. Plaintiff then transferred his remaining term to defendant "subject to the terms" of the overlying lease. In addition, the sublease provided for a right to cancel the sublease if defendant failed to restore in case of fire or in the event of taking by eminent domain. Subsequent to the sublease, the tax assessments exceeded the amount stipulated in …