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Articles 7381 - 7410 of 8419

Full-Text Articles in Property Law and Real Estate

Future Interests - Statute Abolishing The Rule In Shelley's Case Applied To The Worthier Title Doctrine, Joseph W. Morris May 1948

Future Interests - Statute Abolishing The Rule In Shelley's Case Applied To The Worthier Title Doctrine, Joseph W. Morris

Michigan Law Review

Plaintiff set up an irrevocable trust of $75,000 to pay the income to himself for life, and upon his death to distribute the remainder of the trust to his heirs at law according to the laws of succession of the State of California in existence at his death. He later brought suit to terminate the trust on the theory that the worthier title doctrine prevented the creation of a remainder in his heirs at law, and that as sole beneficiary of the trust, he was entitled to termination. Held, the worthier title doctrine was inapplicable because of a statute …

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Nuisance-Liability For Injury Caused By Encroaching Tree Roots, L. B. Lea May 1948

Nuisance-Liability For Injury Caused By Encroaching Tree Roots, L. B. Lea

Michigan Law Review

Plaintiff and defendant were ad joining landowners. Roots of poplar trees on defendant's land extended onto plaintiff's premises, clogging the sewage system and extracting such nutritional value from the land as to injure her lawn and flower garden. Plaintiff brought an action for damages and equitable relief. Judgment was rendered for defendant on demurrer. On appeal, held, reversed. The encroaching roots constituted an actionable nuisance. Plaintiff was not limited to the self-help remedy of cutting the roots at the boundary line. Mead v. Vincent, (Okla. 1947) 187 P. (2d) 994.

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Associations-Title To Land Conveyed To Church After Expiration Of Charter, R. V. Wellman Apr 1948

Associations-Title To Land Conveyed To Church After Expiration Of Charter, R. V. Wellman

Michigan Law Review

The X Church was incorporated by special charter for a period of fourteen years from 1814. Subsequent charters extended its corporate existence until 1871, since which time, though the members have remained associated under the same name, there has been no attempt to re-incorporate. In 1922, land was conveyed to "X Church, its successors and assigns." Defendant contracted with the chairman and the warden of the Church to buy the land described in the deed of 1922. Subsequently, plaintiff, who had been elected minister of the Church in 1945, was authorized to execute and deliver the necessary deed of …

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Constitutional Law -Equal Protection - California Alien Land Law, J. R. Mackenzie Apr 1948

Constitutional Law -Equal Protection - California Alien Land Law, J. R. Mackenzie

Michigan Law Review

A Japanese alien paid for some agricultural land in California which was conveyed to his seven-year-old citizen son. All records indicated that the son owned the land, although the father, his guardian, managed it. The California Alien Land Law prohibits ownership of any interest in agricultural land by aliens ineligible for citizenship. Property acquired in violation of the statute escheats as of the date of acquisition as does land transferred "with intent to prevent, evade, or avoid escheat." This intent is presumed prima facie whenever an ineligible alien pays the consideration for a transfer of land to one who may …

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Evidence-Hearsay-Impeachment Of Hearsay By Declarant's Inconsistent Statements, Ira M. Price, Ii S.Ed. Apr 1948

Evidence-Hearsay-Impeachment Of Hearsay By Declarant's Inconsistent Statements, Ira M. Price, Ii S.Ed.

Michigan Law Review

In an action of trespass to try title to land claimed through adverse possession by defendant, the date when defendant first asserted a hostile claim to the premises so as to start the ten year statute of limitations was in issue. Plaintiff's witness, W, was allowed to testify that defendant had told him and others that plaintiffs owned individual interests in the land and that he did not exclusively claim the land. Defendant's witness, Y, then testified over objection that witness, W, had told him that defendant had long claimed the land, and had farmed and fenced …

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Landlord And Tenant-Lease Covenant Against Unlawful Business, Bruce L. Moore S.Ed. Apr 1948

Landlord And Tenant-Lease Covenant Against Unlawful Business, Bruce L. Moore S.Ed.

Michigan Law Review

In an action to dispossess defendants of certain leased property, plaintiff alleged that defendants breached an express covenant in the lease by which defendants covenanted that they would use the premises for a store, and would not use the premises "for any unlawful business or purpose whatever." Defendants used the premises for a general mercantile store, operating under the trade name "Stop 'N Shop." In so doing, defendants failed to comply with a statute which provided that "It shall be unlawful for any person to engage in a business . . . under any name which does not plainly show …

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Real Property-Easements-Extinction Of Easements Created By Implication Or Prescription On Sale Of Servient Land To Bona Fide Purchaser, Howard W. Haftel Apr 1948

Real Property-Easements-Extinction Of Easements Created By Implication Or Prescription On Sale Of Servient Land To Bona Fide Purchaser, Howard W. Haftel

Michigan Law Review

Plaintiffs and defendants owned adjoining farms. About thirty years ago their predecessors in title had constructed an underground tile drain from plaintiffs' farm to and across defendants' farm. In 1934 this drain was obstructed. In 1941 the servient farm was sold to defendants, who gave value and had no knowledge of the existence of the drain. Plaintiffs sought an injunction to compel removal of the obstruction. The lower court found that plaintiffs had acquired a prescriptive right to use the drain before it was obstructed, but refused to grant the injunction on the ground that defendants as bona fide purchasers …

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Equity-Certainty And Completeness Of Terms As Prerequisites To Specific Enforcement Of A Contract To Sell Land Mar 1948

Equity-Certainty And Completeness Of Terms As Prerequisites To Specific Enforcement Of A Contract To Sell Land

Washington and Lee Law Review

No abstract provided.

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Property-Recovery Of Damages In Assumpsit For Use And Occupation For Naked Trespass To Realty Mar 1948

Property-Recovery Of Damages In Assumpsit For Use And Occupation For Naked Trespass To Realty

Washington and Lee Law Review

No abstract provided.

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Future Interests-Rule Against Perpetuities--Validity Of An Option Incident To A Lease Exercisable After The Expiration Of The Lease, Irving Slifkin S.Ed. Mar 1948

Future Interests-Rule Against Perpetuities--Validity Of An Option Incident To A Lease Exercisable After The Expiration Of The Lease, Irving Slifkin S.Ed.

Michigan Law Review

On November 13, 1941, plaintiff entered into a lease with defendant granting defendant the exclusive right to mine and remove coal from plaintiff's mine for twenty years. Incident to the lease defendant was granted the option, "at any time subsequent to November 1st, 1945, to purchase the remaining tonnage of recoverable coal" at a specified price. A deed thereto was placed in escrow. In January, 1946, defendant elected to exercise the option, tendered the price, and received the deed from escrow. Plaintiff refused to recognize the validity of the option and commenced an action in equity to cancel the deed …

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Rights In Land-Legal Status Of The Spite Fence, Leroy Redfern Mar 1948

Rights In Land-Legal Status Of The Spite Fence, Leroy Redfern

Michigan Law Review

Defendants erected a brick wall upon their lot in a manner that cut off light and air to the first floor window of the adjoining premises belonging ,to plaintiffs. Plaintiffs brought a bill in equity to compel removal of the wall. Upon finding that the wall was built merely to annoy plaintiffs, and that it was of no beneficial use to defendants, the chancellor ordered it removed. On appeal, held, reversed. Defendants being lawfully entitled to erect the wall upon their land, the court will not inquire into their motive for so doing. Cohen v. Perrino, (Pa. 1947) …

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Trusts-Rule Against Perpetuities-Tetamentary Trust For Maintenance Of Testatrix' Home As Depository For Ashes Of Testatrix And Daughter, Richard L. Eckhart S.Ed. Mar 1948

Trusts-Rule Against Perpetuities-Tetamentary Trust For Maintenance Of Testatrix' Home As Depository For Ashes Of Testatrix And Daughter, Richard L. Eckhart S.Ed.

Michigan Law Review

Testatrix provided that her body should be cremated, the ashes mixed with the ashes of her deceased daughter, and both placed in a designated room on the second floor of testatrix' home. The executors were directed not to sell the home but to use rentals from the first floor to maintain it, such rentals to be obtained from any member of the Socialist Party whom the executors should find proper and able to pay the rental. Held, the attempted disposition was invalid as a violation of the rule against restraints on alienation. Alexander v. House, (Conn. 1947) 54 …

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Real Property-Unenforceability Of Restrictive Covenants-Methods Of Protecting Plan, Charles B. Blackmar S.Ed. Mar 1948

Real Property-Unenforceability Of Restrictive Covenants-Methods Of Protecting Plan, Charles B. Blackmar S.Ed.

Michigan Law Review

The restrictive covenant is a device by which property owners can gain some degree of assurance that neighboring property will not be used in an objectionable way. The restrictions are usually reciprocal and negative, common examples being building restrictions, regulations as to use for business, and prohibitions against occupancy by certain races. By private agreement much greater protection can be had than is afforded by zoning ordinances and nuisance doctrines.

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Eminent Domain--Obsolete Buildings--Proof Of Value, J. W. B. Feb 1948

Eminent Domain--Obsolete Buildings--Proof Of Value, J. W. B.

West Virginia Law Review

No abstract provided.

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Real Property-The Doctrine Of Presumption Of Grant As A Substitute For The Statute Of Limitations, Charles B. Blackmar S.Ed. Feb 1948

Real Property-The Doctrine Of Presumption Of Grant As A Substitute For The Statute Of Limitations, Charles B. Blackmar S.Ed.

Michigan Law Review

Defendant claimed ownership of a barren island named Palmyra through a series of conveyances extending back nearly eighty years, but his chain of title was defective in that no grant away from the Hawaiian government was shown. He and his predecessors had paid taxes for many years, but had occupied the island only during occasional visits and had made no sustained efforts at commercial exploitation. The United States brought an action to quiet its title as successor to the Hawaiian government but the district court ordered title quieted in defendant on the basis of a presumed grant, and the Circuit …

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Contracts--Statute Of Frauds--Validity Of Memorandum Made Prior To Oral Contract, Edward S. Tripp S.Ed. Feb 1948

Contracts--Statute Of Frauds--Validity Of Memorandum Made Prior To Oral Contract, Edward S. Tripp S.Ed.

Michigan Law Review

Plaintiff and defendant exchanged several letters concerning six contiguous lots which defendant owned. In one letter plaintiff made an offer to purchase the lots which was declined by defendant. Plaintiff then requested defendant to name her price. She replied that they were worth at least $12,000 but made no offer to sell. Subsequently they orally contracted for sale of the lots for $11,000. As a down payment plaintiff gave defendant a $500 check which contained a notation that it was "to be applied on purchase of property on E. Central Ave., Albuquerque, N. M. . . ." Defendant indorsed and …

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Maryland Rule On Forfeiture Under Land Installment Contracts ... A Suggested Reform, Marshall A. Levin Jan 1948

Maryland Rule On Forfeiture Under Land Installment Contracts ... A Suggested Reform, Marshall A. Levin

Maryland Law Review

No abstract provided.

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Federal Control Of Leaf Tobacco Marketing, C. M. Euwer Jan 1948

Federal Control Of Leaf Tobacco Marketing, C. M. Euwer

Maryland Law Review

No abstract provided.

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Tenancy By The Entireties And Creditors Rights In Maryland, Bridgewater M. Arnold Jan 1948

Tenancy By The Entireties And Creditors Rights In Maryland, Bridgewater M. Arnold

Maryland Law Review

No abstract provided.

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Implication Of Survivorship In Contingent Gifts To A Class - Reese V. Reese Evans V. Safe Deposit And Trust Co. Jan 1948

Implication Of Survivorship In Contingent Gifts To A Class - Reese V. Reese Evans V. Safe Deposit And Trust Co.

Maryland Law Review

No abstract provided.

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Virtual Representation Of Holders Of Future Interests In Actions Involving Titles In Kentucky, Bertel M. Sparks Jan 1948

Virtual Representation Of Holders Of Future Interests In Actions Involving Titles In Kentucky, Bertel M. Sparks

Kentucky Law Journal

No abstract provided.

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The Invalidity Of Unrecorded Leases Containing An Automatic Renewal Clause, Where Lease And Renewals May Extend Beyond Seven Years - Schultz V. Kaplan Jan 1948

The Invalidity Of Unrecorded Leases Containing An Automatic Renewal Clause, Where Lease And Renewals May Extend Beyond Seven Years - Schultz V. Kaplan

Maryland Law Review

No abstract provided.

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Ley No.7 De Arrendamientos Rústicos Y Aparcería, República De Cuba. Senado. Jan 1948

Ley No.7 De Arrendamientos Rústicos Y Aparcería, República De Cuba. Senado.

Mario Diaz Cruz Pamphlets

Promulgada en 28 de Noviembre de 1948. Gaceta Oficial de 2 de Diciembre.

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The Constitutionality Of Certain Indirect Approaches To Raising The Assessment Level, Elvis J. Stahr Jr. Jan 1948

The Constitutionality Of Certain Indirect Approaches To Raising The Assessment Level, Elvis J. Stahr Jr.

Articles by Maurer Faculty

No abstract provided.

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Real Property-Tenancy By Entireties-Estate Created By Parol Gift Followed By A Voluntary Settlement, Ralph J. Isackson Jan 1948

Real Property-Tenancy By Entireties-Estate Created By Parol Gift Followed By A Voluntary Settlement, Ralph J. Isackson

Michigan Law Review

Prior to his death in 1892, X made a parol gift of 60 acres in a 360 acre tract to his daughter, W, or to W and her husband, H, and put them into actual possession but gave them no deed to the land. No evidence was shown to indicate that either W or H had paid the taxes or made any improvements on the land during X's lifetime. X died intestate and left surviving him five children, including W. All the heirs, except W, conveyed the 60 acre tract to W and H in …

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Ways Of Necessity - Implied In Law Or Implied In Fact - Condry V. Laurie Jan 1948

Ways Of Necessity - Implied In Law Or Implied In Fact - Condry V. Laurie

Maryland Law Review

No abstract provided.

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Notice Of Termination Required To Terminate A Periodic Tenancy Implied Under A Void Lease - Darling Shops Delaware Corporation V. Baltimore Center Corporation Jan 1948

Notice Of Termination Required To Terminate A Periodic Tenancy Implied Under A Void Lease - Darling Shops Delaware Corporation V. Baltimore Center Corporation

Maryland Law Review

No abstract provided.

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Some General Aspects Of Michigan Community Property Law, William E. Burby Jan 1948

Some General Aspects Of Michigan Community Property Law, William E. Burby

Michigan Law Review

The common law, in recognition of the fact that one spouse is entitled to some economic security in the property of the other spouse, evolved the interests known as dower and curtesy. These interests, of course, apply only with respect to land. The husband enjoyed an additional economic advantage that came from the management and control of his wife's property. This latter advantage has disappeared with the advent of Married Women's Property Acts that confer upon married women the right to manage their own estates. Statutes have also expanded on the concept of dower and curtesy by providing for a …

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Acquisition Of Right Of Way For Highway Purposes In Kentucky--Right Of Eminent Domain And Just Compensation, James R. Richardson Jan 1948

Acquisition Of Right Of Way For Highway Purposes In Kentucky--Right Of Eminent Domain And Just Compensation, James R. Richardson

Kentucky Law Journal

No abstract provided.

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Bona Fide Purchaser--Without Title, John E. Howe Jan 1948

Bona Fide Purchaser--Without Title, John E. Howe

Kentucky Law Journal

No abstract provided.

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