Property Law and Real Estate Commons^™

A Mortgage As A Gift, William O. Gilbreath

Kentucky Law Journal

No abstract provided.

Future Interests--Gifts Over Of Undisposed Property In Kentucky, James E. Adkins

Kentucky Law Journal

No abstract provided.

Aportaciones A Una Nueva Filosofía Del Derecho Inmobiliario, Baltasar Rull

Mario Diaz Cruz Pamphlets

Publicado en la revista General de legislación y Jurisprudencia - Noviembre de 1947.

Taxation--Exemptions--Income-Producing Real Property Of Charity, M. D. B. Jr.

West Virginia Law Review

No abstract provided.

Taxation--Receipt Of Income--Satisfaction Of Judgment After Assignment As Income To Assignor, R. F. M.

West Virginia Law Review

No abstract provided.

Taxation--Special Assignments For Local Improvements--Personal Property Locally Situated Not Subject To Assessment, W. C. M.

West Virginia Law Review

No abstract provided.

Taxation--Systemic Proportionate Overvaluation--Special Classification Of Money And Credits Of Building And Loan Companies, J. H.

West Virginia Law Review

No abstract provided.

Municipal Corporations--Regulation Of House Trailers Under Building Code As Permanent Dwellings, John W. Potter S.Ed.

Michigan Law Review

An ordinance of the township in which defendant maintained a trailer camp defined a house trailer as any vehicle used for living or sleeping purposes, and provided that any house trailer so used within the township for an aggregate of more than thirty days in a period of one year should be considered a single family dwelling for all purposes of the building code. Many trailers in defendant's camp rested on boxes or jacks, and they had been used as dwellings for several years. While all trailers were connected with water and electric lines and provided with communal lavatory and …

Adverse Possession-Possession Under Mistake As To True Boundary, Rosemary Scott S.Ed.

Michigan Law Review

Land purchased by the plaintiff's husband in 1911 was surrounded by a fence which included the land in dispute. All of the enclosed area was of a different grading from the land to the west of it. The plaintiff's husband cultivated the area later disputed, tore down buildings on it and improved the entire property during the succeeding seventeen years. When the defendant purchased the adjacent land in 1935 the dividing fence was down but the difference in grading between the two parcels of land remained the same. The defendant, after a survey was made of the land in 1939, …

Future Interests--Effect On Contingent Remainders Of Widow-Life Tenant's Election To Take Against A Will, Niel Mckay S.Ed.

Michigan Law Review

Testator devised one half of the income from an undivided one-third interest in certain real estate to the defendant, his wife, and provided that on her death the undivided one-third interest was to go to his brother and sister, plaintiffs here, if living, otherwise to his children in a certain named order if living. The defendant, testator's widow, elected to take her statutory share against the will, and the county court decreed her a one-half interest in the undivided one third, the other one-half interest going to the plaintiffs. Plaintiffs, also having title to the other two thirds of the …

Agency-Liability Of Agent On Contract For Principal-Effect Of Adding "Agent" To Signature, John A. Huston

Michigan Law Review

Defendant, a real estate broker purporting to act for X, made a contract with plaintiff for the sale to plaintiff of X's farm. The only evidence in the writing of defendant's agency was the word "agent" which he appended to his signature. Plaintiff paid defendant $1000.00 as a deposit which defendant tendered to X who returned $500.00 to defendant as his commission for the sale. Upon destruction of an important part of the premises before execution of the contract, plaintiff brought suit against X and defendant to rescind the contract and recover the deposit. Recovery against X was …

Judicial Interpretation Of Conveyances In Consideration Of Support, Jane E. Dowdle

Washington Law Review

The problem of construing the legal effect of a conveyance of land by a grantor in consideration of support and maintenance during the remainder of his life by the grantee has been presented quite frequently to the courts This type of transaction has been regarded as sui generis and hence not controlled by the usual rules applicable to conveyances of land the consideration for which is the promise of the grantee to perform certain acts in the future The presumption is that the primary purpose of the grantor is to secure the personal performance by the grantee of the obligation …

Landlord And Tenant-Liability Of Tenant For Rent After Condemnation Under Eminent Domain Of Entire Leased Premises For Temporary Purpose. [Illinois]

Washington and Lee Law Review

No abstract provided.

Property—Effect Of Change Of Neighborhood On Enforceability Of Covenants Restraining Alienation To Negroes. [North Carolina], Francis W. Flannagan

Washington and Lee Law Review

No abstract provided.

Taxation-Income Tax-Depletion-Lessor's Share In Net Income As Subject To Depletion, William H. Buchanan S.Ed.

Michigan Law Review

Taxpayer which owned certain lands leased the same to companies for production of oil and other minerals for a cash bonus, a royalty in the usual form, and an agreement that lessor should receive a percentage of the net money profits realized by the lessees from their operation under the lease. Lessor claimed a right to deduct depletion allowance from the receipts which were a percentage of the net income arising from operating the properties. Held, lessor had a right to depletion deduction in respect to the percentage of net income because it had an "economic interest" in the …

Future Interests-Power Of Termination-Restraint On Alienation- Merger Of The Power Of Termination With The Fee Simple Subject To A Condition Subsequent, Neil Mckay S.Ed.

Michigan Law Review

A conveyed two tracts of land to B, her daughter, by two deeds, reserving a life estate in each tract and restraining, by condition subsequent, alienation of them in any manner, for five years in one deed, and for twelve years in the second. In less than five years and before the restrictions were violated, A died and B was adjudged her sole and only heir at law. Thereafter B conveyed the land by quit claim deed to the defendant, her husband. B died a month later, leaving a will, by which she devised and bequeathed all her property …

Constitutional Law--Impairment Of Obligation Of Contract--Mortgage Moratorium--Determination Of The Existence Of An Emergency, George Brody

Michigan Law Review

In 1943 the New York State Legislature extended its moratorium legislation for another year, thereby continuing the suspension of mortgage foreclosure proceedings on real property due to default in payments on principal. The legislature declared that an emergency still existed and therefore the continuance of legislative action, first taken in 1933, was justified. The law made payment of interest, taxes, insurance and amortization charges a prerequisite to suspension of foreclosure. Appellant brought an action to foreclose a mortgage on appellee's property for the non-payment of principal, contending that the suspension of foreclosure proceedings resulted in an impairment of the obligation …

Taxation-Federal Estate Tax-Reversionary Interests Under The Rule Of The Hallock Case-Valuation, Joseph R. Brookshire S.Ed.

Michigan Law Review

In 1929 the decedent established a trust, reserving a life estate in the income. On the termination of this life estate, the income was payable in equal amounts to the decedent's daughters. If either daughter died, that part of the corpus supporting the share of income of the deceased daughter was to go to her descendants; if none, then to the other daughter or her descendants. If both of the daughters died without issue, the corpus was to be paid to such persons as decedent appointed by will; if no appointment was made, the corpus was to go to certain …

Problems In Probate Law: Including A Model Probate Code, Lewis M. Simes, Paul E. Basye

Michigan Legal Studies Series

The publication of the Model Probate Code, together with related monographs and appendix notes, serves a dual purpose. It is the report of a committee of the Probate Division of the American Bar Association. It is also the product of a research project carried on by the University of Michigan Law School. Mr. R. G. Patton, in his "Presentation of the Report of the Committee on Model Probate Code," printed elsewhere in this volume, has provided an appropriate preface for this publication in its first aspect.

Procedure And Property, Bernard C. Gavit

Indiana Law Journal

No abstract provided.

Ejectment--Equitable Title In Kentucky, Viley O. Blackburn

Kentucky Law Journal

No abstract provided.

The Amendment Of The Waste Statute—Retrogression?, Harry M. Cross

Washington Law Review

It has generally been true that the provisions of waste statutes authorizing multiple damage awards are strictly construed, but this normally has meant that multiple damages will be awarded for voluntary waste whether innocently committed or not, and only single damages for permissive waste. Although the variance between the permissive "may" and the mandatory "shall" might not compel the court to reach a different conclusion, under the limitation of the permissive language of the statute announced in DeLano v. Tennent, it would appear that the legislature by changing to "shall" has flatly rejected the policy against awarding multiple damages and …

What Is A Gift?, Herbert Rand

Kentucky Law Journal

No abstract provided.

The Descent And Distribution Of Real And Personal Property In Kentucky, Anne F. Noyes

Kentucky Law Journal

No abstract provided.

Partnerships--Title To Real Property, Fred B. Redwine

Kentucky Law Journal

No abstract provided.

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

The Present Status Of "Illusory" Trusts-The Doctrine On Newman V. Dore Brought Down To Date, Edward A. Smith

Michigan Law Review

It has long been the policy of the law to provide for a widow by setting aside some portion of her deceased husband's estate for her future support. Such a policy, it has been said, dates back to the laws of Hammurabi and later evidences of it may. be found in the Justinian Code of the Roman Law, and in English law from the earliest times; its final manifestation being in the well-known common law dower. It is not with dower, however, that we are here concerned, for that institution is sufficiently well understood to require no discussion in this …

Clearance Of Land Titles-A Statutory Step, Ralph W. Aigler

Michigan Law Review

Public Act of Michigan, No. 200, was approved by the governor on May 17, 1945. Its preparation and enactment are the result of a growing urge for the amelioration of certain conditions in land title transactions.

Contracts-Anticipatory Breach Of A Unilateral Obligation To Pay Money, George Brody

Michigan Law Review

Plaintiff, a real estate broker, was employed by defendant under a contract to negotiate the purchase of tracts of land. By the terms of the contract, plaintiff's commission was not to be paid until defendant accepted title to the land purchased. A sale of land for defendant was consummated by plaintiff but defendant, before accepting title, denied the existence of any contractual obligation to plaintiff for his services. Plaintiff brought suit for his commission. Held, there can be no recovery on a unilateral obligation to pay money before time for payment has arrived. The anticipatory breach doctrine is applicable …

The Problem Of Abstracts Of Title, Chester L. Zechiel

Indiana Law Journal

(Editor's Note: The material which follows is the report of a special committee appointed by Frank C. Olive, chairman of the Section on Property and Taxation, to study the problems involved in abstracts of title in the marketing of real estate. The importance of the subject to the legal profession and the exhaustive character of the report justifies its inclusion as a leading article in the Journal. There can be but little question that all lawyers of the State will find its content of great interest.)

Indianapolis, Indiana

January 6, 1945