Property Law and Real Estate Commons^™

Procedure-Contempt As Sanction To Enforce Delivery In Replevin, John A. Nordberg

Michigan Law Review

In a replevin action in a common pleas court the plaintiff, after filing a $200 bond for property later valued at $900, obtained possession of some household goods of the defendant under a fatally defective writ. On motion of the defendant the court dismissed the action and ordered the property returned. On appeal, plaintiff's action was again dismissed and he was directed to return defendant's goods. He ignored the order and was adjudged guilty of contempt. On appeal in the nature of certiorari from this conviction, held, reversed without prejudice. The order was void since the court had lost …

Some Aspects Of Lateral Support In Kentucky, Hollis E. Edmonds

Kentucky Law Journal

No abstract provided.

The Requirement Of Delivery In Gifts In Kentucky, James V. Marcum

Kentucky Law Journal

No abstract provided.

Creditors' Bills And Actions To Set Aside Fraudulent Conveyances--Prerequisites To Suit, Arloe W. Mayne

Kentucky Law Journal

No abstract provided.

Interests In Land Subject To Dower--In Kentucky, James C. Blair

Kentucky Law Journal

No abstract provided.

The Theory Of Delivery In Gifts Causa Mortis, James V. Marcum

Kentucky Law Journal

No abstract provided.

Hughett V. Caldwell County--Measure Of Damages For Innocent Conversion Of Minerals, Arloe W. Mayne

Kentucky Law Journal

No abstract provided.

Municipal Corporations-Zoning-Abrogation Of Private Restrictive Covenants By Zoning Regulations, Robert Dilts

Michigan Law Review

A recent New Jersey decision raises a question of current importance in view of the acute housing shortages in many metropolitan areas. Can a municipality, acting under its power to establish zoning regulations, authorize the construction of multiple-family dwellings in a particular area and simultaneously abrogate private covenants which restrict the area to single-family dwellings?

Debtors' Estates-Right Of Debtor To Claim Homestead Exemption In Insurance Proceeds From Non-Exempt Property Destroyed By Fire

Washington and Lee Law Review

No abstract provided.

The Law Of Real Property, Volume 1, By Richard R. Powell (1949), Harry M. Cross

Washington Law Review

It is impossible to appraise the whole of this treatise, which will include five volumes, with only the first being published, but there are sufficient clues in the published volume to indicate the quality of the whole work. This is a modern book: witness, for example, the discussion of Oyama v. California, 332 U.S. 633 (1948) in paragraph 106 on page 393. In the preface Professor Powell states the three guiding stresses in his study to be upon (1) integration of the whole subject, (2) current problems in the perspective of the trends of evolution, and (3) the tremendous importance …

Property, Wealth, Land: Allocation, Planning And Development, By Myres Smith Mcdougal And David Haber, Leon H. Wallace

Indiana Law Journal

No abstract provided.

Replevin Of The Contents Of Safe Deposit Boxes, Beverly Douglas Jr.

Vanderbilt Law Review

It is often stated that a plaintiff cannot recover in replevin' or detinue unless the defendant is in possession of the disputed goods at the commencement of the action. This requirement is fundamentally one of practicality. Since possession of the chattel is the primary object of an action for specific recovery, replevin is inappropriate unless the defendant is in a position to restore this possession to the plaintiff. But one may sometimes be able to put another in possession and have a duty to do so without himself having that combination of physical control and intent which the law calls …

Replevin Of The Contents Of Safe Deposit Boxes, Beverly Douglas Jr.

Vanderbilt Law Review

It is often stated that a plaintiff cannot recover in replevin' or detinue unless the defendant is in possession of the disputed goods at the commence- ment of the action. This requirement is fundamentally one of practicality. Since possession of the chattel is the primary object of an action for specific recovery, replevin is inappropriate unless the defendant is in a position to restore this possession to the plaintiff. But one may sometimes be able to put another in possession and have a duty to do so without himself having that combination of physical control and intent which the law …

Streamlining Conveyancing Procedure, Paul E. Basye

Michigan Law Review

Statutes of limitations have long occupied an essential and important place in every system of jurisprudence. They express a policy that is essential to social progress in a great variety of ways. Their effect is particularly noteworthy in the field of property law where they promote repose and give security to human affairs. "They stimulate to activity and punish negligence. While time is constantly destroying the evidence of rights, they supply its place by a presumption which renders proof unnecessary."

Quasi-Contracts-Landlord And Tenant-Recovery For Overpayment Of Rent In Violation Of Statute, William P. Sutter

Michigan Law Review

Plaintiff occupied a dwelling house from 1928 to 1945, paying $35 per month rent until September, 1941. In that month, defendant, his landlord, increased the rent to $75, which plaintiff paid until September, 1945. The property was registered with the Office of Price Administration at a maximum rental of $35, and this fact was known to plaintiff. Plaintiff's suit to recover the overpayment of $40 per month was dismissed. On appeal, held, affirmed. No statute specifically authorized restitution, and the illegality of the contract precludes restitution in absence of statute. Jones v. Chennault, (Mich. 1948) 35 N.W. (2d) …

Quasi-Contracts-Rescission For Fraud-Defrauding Vendee's Right To Recover For Improvements, G. B. Myers

Michigan Law Review

Defendant fraudulently obtained a conveyance of land from plaintiff and while in possession of the tract made repairs and improvements to a building thereon. Upon discovery of the fraud plaintiff sued in equity to cancel the deeds involved, and tendered into court the consideration received from defendant. The lower court cancelled the deeds, returning the consideration to defendant, but refused to admit defendant's evidence of repairs and improvements on the ground that equity will not allow a claim for the value of improvements when made by a defrauding party. Held, reversed in part. The evidence was admissible, and an …

Real Property - General Mineral Reservation In Deed - Lack Of Knowledge That Substance Is A Mineral, G. B. Myers

Michigan Law Review

In 1892 plaintiff's predecessor in title contracted to convey certain land to defendant, subject to a reservation of "all coal and mineral deposits in and upon said lands," and in 1896 he executed a deed to defendant containing the same reservation. Plaintiff, in 1947, filed a bill to quiet title to bauxite deposits on the land. Held, bill dismissed. Bauxite, not being generally regarded as a mineral at the time of conveyance, was not intended to be within the operation of the mineral reservation. Carson v. Missouri Pac. R. Co., 212 Ark. 963, 209 S.W. (2d) 97 (1948).

John Howard Moore, Robert W. Sturdivant

Vanderbilt Law Review

This issue of the Vanderbilt Law Review is dedicated to Mr. John Howard Moore. At the end of this current school year Mr. Moore will have served a quarter of a century as a Professor of Law at the Vanderbilt University School of Law and will retire from active teaching.

Mr. Moore has been and remains an idealist and perfectionist in the law. This has been the theme of his teaching. We that had him as a teacher know that it is his belief that neither he nor anyone else is qualified to answer a nice legal question until the …

Effect Of Lessee's "Covenant To Leave Improvements" On The Doctrine Of Trade Fixtures, Norbert F. Knecht

Washington Law Review

Although the common law rules regarding ownership and removability of trade fixtures are too well known and too often employed to necessitate comment, the application of these rules has caused some courts substantial difficulty in cases where the lease in question contains a covenant by the lessee during the term to become the property of the lessor. The Supreme Court of Washington has considered leases containing this type of clause in two cases involving contests between landlords and tenants over the ownership of chattels installed on the premises by the tenant and has laid down the rule that when such …

Streamlining Conveyancing Procedure, Paul E. Basye

Michigan Law Review

The need for simplifying-even streamlining-conveyancing procedure has been all too well recognized for decades, but until the present decade relatively little progress toward a satisfactory system has been achieved. We have continued to labor under the handicaps of an inherited system which has become more cumbersome with each passing year. It is noteworthy, however, that several steps have been put into operation within recent years which have proved extremely fruitful and have, in certain limited areas, introduced thoroughgoing revisions in traditional practices. But in most states the far-reaching improvements necessary to an efficient, simple and fully comprehensive conveyancing system remain …

Corporations-Restrictions On Holding Real Estate-Lnterpretation Of Michigan's Constitutional Restriction, W. M. Myers

Michigan Law Review

While it is now well settled that a corporation has the power to acquire and hold real estate, this power may be limited by the charter creating the corporation, by legislative enactments of a general nature, or by specific constitutional provisions. When such a limitation is imposed by constitution, a problem of construction arises in interpreting it in a workable way after the social conditions motivating it have changed or disappeared.

Mortgages-Mortgagee's Rights Against Tenant Who Occupies Premises Under Subsequent Lease By Mortgagor, Charles E. Becraft S. Ed.

Michigan Law Review

It is the purpose of this comment to discuss possible rights of the mortgagee or the purchaser at foreclosure sale, who stands in the place of the mortgagee, in dealing with a tenant of the mortgagor who holds under a lease subsequent to execution of the mortgage. Only the law of those states in which the lien theory of mortgages is in force will be considered.

Real Property-Rights In Land-Construction Of Restrictive Covenants, Donald D. Davis

Michigan Law Review

Excepting a small area set aside for business purposes, the deeds conveying more than 1300 lots in the University Heights addition of the City of Albuquerque contained restrictive covenants, the part here involved providing "no building other than dwelling houses . . . to be erected . . . . [N]or shall any building erected on said lots be used . . . for any other purpose than as private dwelling places." Plaintiff, a lot owner in the addition who used his lot as a residence, sought to enjoin defendant's use of two of the restricted lots for parking automobiles …

Specific Performance-Marketable Title To Realty-Compelling Vendor To Purchase Outstanding Interest, Robert Dilts

Michigan Law Review

Plaintiffs sued for specific performance of a contract for the sale of real estate. Their attorney had concluded that the abstract furnished by defendant indicated a possible outstanding undivided one-half interest in the property. Refusing to accept a conveyance unless the alleged defect was eliminated or protection offered against an attack on the title, plaintiffs sought a decree requiring defendant to clear title and convey according to the contract. There was no showing that defendant could obtain a conveyance of the alleged outstanding interest. Held, specific performance denied. Bartos v. Czerwinski, 323 Mich. 87, 34 N.W. (2d) 566 …

Options And Valuation Of Property For Federal Tax Purposes, William J. Bowe

Vanderbilt Law Review

In Estate of John Q. Strange, there was an agreement between two brothers, engaged in business in a close corporation, which provided that upon the death of either, the survivor might acquire the stock of the other upon payment of $10,000 to his estate. Payment was so made following the decedent's death. The fair market value of the stock on the date of death was stipulated to be $238,126.54. The Board of Tax Appeals held that the option price of $10,000 was the proper amount to be included in the decedent's gross estate as the value of his stock.

In …

Part Performance And Equitable, Estoppel In Tennessee, Cecil D. Branstetter

Vanderbilt Law Review

The Tennessee chancery courts have repeatedly been petitioned for the specific enforcement of parol contracts for the sale of land, on the basis of part performance.' The Tennessee Supreme Court has consistently refused to give such relief, emphatically laying down the rule that part performance of a parol contract for the sale of land does not serve as a substitute for the writing required by the Statute of Frauds...

The purpose of this note is to determine the extent to which Tennessee courts will recognize and enforce parol contracts for the sale of an interest inland when the petitioner relies …

Book Reviews, Harold Shepherd, Rollin M. Perkins, Stanley D. Rose

Vanderbilt Law Review

The Rational Basis of Contracts and Related Problems in Legal Analysis By Merton L. Ferson Brooklyn: The Foundation Press, Inc.,1949. Pp. i-ix, 1-330. $4.00

reviewer: Harold Shepherd

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Beutel's Brannan, Negotiable Instruments Law By Frederick K.Beutel Cincinnati: The W. H. Anderson Company Seventh Edition,1948. Pp. xiii, 1628. $15.00

reviewer: Rollin M. Perkins

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Social Meaning of Legal Concepts--No. 1, Inheritance of Property and the Power of Testamentary Disposition Edited by Edward N. Cahn New York: New York University School of Law, 1948.Pp. vi, 90. $1.50

reviewer: Stanley D. Rose

Property-Right Of Subsequent Grantee By Quitclaim Deed Or With Actual Notice To Take Advantage Of Prior Grantee's Failure To Record

Washington and Lee Law Review

No abstract provided.

Property, Wealth, Land Allocation, Planning And Development, By Myres Smith Mcdougal And David Haber (1948), Harry M. Cross

Washington Law Review

Reviews and comments, direct and indirect, upon this new casebook, developed in furtherance of Professor McDougal's views on the proper functions of law schools, have appeared in print in several places. From some comments a seriously distorted picture of the book and its possible use is almost unavoidable-a circumstance that has persuaded me that the experience of one professor in its use can be helpful.

Foreword, Mayo A. Shattuck

Vanderbilt Law Review

In order to get a proper measure of modern Estate Planning I think it may be useful to consider, very briefly, some aspects of its history. The family trust was born into our jurisprudence in an environment which had been moulded in that solid and immovable pyramid called feudalism. In that social order there was nothing of imaginative elasticity. Lateral allegiances or entanglements were as little known as lateral movements. All lines of authority moved from the top; all discharges of duties were rendered vertically to the liege lord next above. As with human relationships so also with property. The …