Property Law and Real Estate Commons^™

Trusts-Statute Of Frauds-Oral Trust Of Land And Proceeds, Margaret Groefsema S.Ed.

Michigan Law Review

A conveyance was made of real property impressed with an oral trust unenforceable because of the statute of frauds requiring trusts of interests in land to be in writing. The land was later sold and the plaintiff as beneficiary of the parol trust sought to reach the proceeds of the sale. Held, the statute of frauds does not apply to personal property. Therefore the oral trust may be impressed upon the proceeds even though it could not have been enforced while the trust res remained realty. Simpson v. Clark, (Mass. 1944) 55 N.E. (2d) 10.

The Conflict Of Laws: A Comparative Study. Volume One. Introduction: Family Law, Ernst Rabel

Michigan Legal Studies Series

Full application of comparative methods to the law of conflicts requires a working plan of some magnitude. We ought to take stock of the conflicts rules existing in the different countries of the world, state their similarities or dissimilarities, and investigate their purposes and effects. The solutions thus ascertained should moreover be subjected to an estimation of their usefulness, by the standards appropriate to their natural objective. Conflicts rules have to place private life and business relations upon the legal background suitable to satisfactory intercourse among states and nations. They are valuable to the extent that their practical functioning, rather …

Interests Conveyed By Tax Sale Deed

Indiana Law Journal

Notes and Comments: Property

Future Interests--Rule Against Perpetuities Applied To Options In Favor Of Grantor To Purchase Back The Land Conveyed--Maddox V. Keeler, Scott Reed

Kentucky Law Journal

No abstract provided.

Ways Of Necessity: Secured By Statute, A. E. Funk Jr.

Kentucky Law Journal

No abstract provided.

Antenuptial Contracts Concerning Property Settlements, A. E. Funk Jr.

Kentucky Law Journal

No abstract provided.

The Right Of Recaption Of Chattels By Force, Viley O. Blackburn

Kentucky Law Journal

No abstract provided.

Gifts Causa Mortis--The Use Of A Written Instrument In Lieu Of Delivery Of The Thing In Gifts Causa Mortis, Frank Selby Hurst

Kentucky Law Journal

No abstract provided.

Contracts-Doctrine Of "Commercial Frustration" As Applied To Leases Of Real Property, Margaret Groefsema S. Ed.

Michigan Law Review

A mushroom crop of litigation has sprung up as a result of wartime governmental restrictions on production and consumption of civilian goods, particularly with respect to regulations of the sale of gasoline, tires, automobiles, and automobile accessories. Numerous problems have confronted the courts involving leases of property for the purpose of selling or servicing motor vehicles, where the lessee has sought to be released from his covenant to pay rent by invoking the so-called doctrine of "commercial frustration."

Landlord And Tenant-Leases-Option In Tenant To Cancel In Case Of Governmental Interference With Use Of Premises, Margaret Groefsema S. Ed.

Michigan Law Review

A lease of real property for an automobile service station contained a provision for termination of the leasehold at the option of the tenant in case "the use of the said premises for an oil and gasoline filling station be prevented, suspended or limited by any zoning statute or ordinance, or any other municipal or governmental action." Held, this clause applied to release the tenant when wartime rationing of gasoline and tires made it unprofitable for him to operate the filling station. Mid-Continent Petroleum Corporation v. Barrett, (Ky. Ct. App. 1944) 181 S.W. (2d) 60.

Covenants-Restrictions Upon The Use Of Land-Negroes

Michigan Law Review

Many years ago a subdivision in Detroit was platted, with recorded building restrictions. When ready for the sale of lots, the intended high character of the subdivision and its desirability for expensive residences was much advertised. An association, an informal organization of some of the owners of houses in the subdivision, assumed the right to pass upon the desirability of prospective lot purchasers, and there was some indication that the person who advertised and marketed most of the lots verbally agreed to submit to the association the names of prospective purchasers and assured some intending purchasers that colored persons would …

Exclusive And Nonexclusive Powers And The Illusory Appointment, John E. Howe

Michigan Law Review

Powers of appointment may be classified as either general or special. Under this classification a power is said to be a special power when the donee has the right to exercise it only in favor of a limited group of persons of which he himself is not a member.

In considering special powers it is helpful to subdivide them into two separate groups, one being termed exclusive and the other nonexclusive powers. In a factual situation where the intent of the donor is such that the donee of the power has the right to exclude any of the objects, it …

Subterranean Limits Of Land Ownership, Ira G. Stephenson

Kentucky Law Journal

No abstract provided.

Measure Of Damages For Conversion Of Property Of Fluctuating Value, Ira G. Stephenson

Kentucky Law Journal

No abstract provided.

La Zona Marítima-Terrestre Y Los Derechos De Los Propietarios De La Finca "Mata-Abajo", Francisco R. Martínez Anaya

Mario Diaz Cruz Pamphlets

Escrito de conclusiones provisionales presentado a la Audiencia de Oriente, a nombre de Juan Campos Casanova y otros en la causa número 475 de 1940 del juzgado instrucción de Guantánamo.

Restrictions Against Occupancy - Existence Of A General Plan - Scholtes V. Mccolgan

Maryland Law Review

No abstract provided.

Liability Of Sublessee And Assignee To Owner For Rent, J. J. Yeager

Kentucky Law Journal

No abstract provided.

Acceptance Of Deeds, James Collier

Kentucky Law Journal

No abstract provided.

Theories As To The Nature Of Equitable Servitudes, Ira G. Stephenson

Kentucky Law Journal

No abstract provided.

Liability Of Restaurant Keepers As Bailees Of Wraps Of Patrons, C. Kilmer Combs

Kentucky Law Journal

No abstract provided.

The Development Of The Massachusetts Probate System, Thomas E. Atkinson

Michigan Law Review

American lawyers and laymen alike take for granted a system of probate of wills and administration of decedents' estates under the supervision of a single tribunal usually called a probate court. We are familiar with the setting up of the will, appointment of the personal representative, filing of bond and inventory by the latter, granting of allowances for support of the family, notice to creditors to present their claims, and settlement of accounts of the administration, all accomplished by this court's orders or under its scrutiny. While real property is deemed to pass directly to the heirs or devisees, it …

Secured Obligations, Benjamin M. Quigg, Jr.

Michigan Law Review

The scope of this discussion probably is best defined in the words of the act itself as appear in section 302 (1): "obligations secured by mortgage, trust deed, or other security in the nature of a mortgage · upon real or personal property, owned by a person in military service at the commencement of the period of military service"; and the problems herein discussed are those which arise under the act in connection with the sale, foreclosure, seizure, or repossession of property which is security for such obligations.

Municipal Corporations - Constitutional Law-Exemption Of Homesteads From Taxation For State Purposes, Hobart Taylor, Jr.

Michigan Law Review

A taxpayer brought a class suit in his own name for the use and benefit of himself and other taxpayers against the city of Wichita Falls to have an ordinance exempting from all taxes $3,000 of the assessed taxable values of all residence homesteads of the city declared void, and for a permanent injunction restraining the city from allowing such exemption and issuing certificates therefor to owners of homesteads. The ordinance had been passed under authority of a constitutional amendment permitting a similar exemption for "state purposes." Held, a homestead is taxable under the constitution for all purposes other …

A Legal Approach To Equitable Servitudes, Ralph A. Newman

Michigan Law Review

The variety of conceptions of the nature of equitable servitudes is only one indication of the complexity of this particular branch of the law; the difficulty of classifying the topic as a branch of equity rather than of real property, or the reverse, is another, and one which grows out of the interplay of both of these divisions of the law upon the particular field of equitable servitudes. The following discussion is designed to indicate that many of the difficulties inherent in the concept of equitable servitudes may be resolved by analyzing the subject from the point of approach of …

Constitutional Law - Highways - Billboard Regulations-Application Of Easement Principles, Ruth I. Wilson

Michigan Law Review

In Kelbro, Inc. v. Myrick, where the license and setback requirements of the Vermont outdoor advertising law were sustained together with provisions for summary removal of nonconforming advertisements, the Vermont Supreme Court declared that the commercial billboard companies have no common-law right to the privilege of visibility on which their business depends. Their exploitation of this privilege, it held, is a commercial use of the public thoroughfares which has been permitted only by sufferance and has always been subject to prohibition or regulation by the legislature.

Taxation - Special Assessments - Due Process - Requirement Of Notice For Repair Of Existing Improvement, Hobart Taylor, Jr.

Michigan Law Review

Plaintiff brought this action against the Board of Commissioners of Wells County, Indiana, to quiet his title to 160 acres of land owned by him in the county and to enjoin enforcement of supplementary drainage assessments upon the property as permitted by Indiana law. Plaintiff contended that the statute creating drainage districts was violative of due process of law and unconstitutional in that it authorized supplementary assessments to be made by the Board of Commissioners without the same notice and hearing which was required before the original assessment could be made. On demurrer, the Wells Circuit Court held for plaintiff …

Trusts - What Constitutes Revocation When No Method Specified, Dickson M. Saunders

Michigan Law Review

By trust deed of 1927, settlor conveyed two mortgages {the first for $5,200, and the second for $1,000, both given by Harry E. Hough and wife) to trustees, in trust for herself for life, and providing for certain disposition upon her death. The trust deed was revocable with reserved power in the settlor to convey, release or otherwise dispose of the property. In 1928 the settlor released both mortgages but took in lieu thereof one mortgage for $6,200 from the same mortgagors on the same property. This substitution was effected to accommodate the mortgagors and no money changed hands. The …

Standards And Procedure For Classification And Valuation Of Land For Assessment Purposes, By H. H. Lord, S. W. Voeler And L. F. Gieseker

Indiana Law Journal

No abstract provided.

Progress In The Law Of Oil And Gas, C. C. Williams Jr.

West Virginia Law Review

No abstract provided.

Minable And Merchantable Coal, G. S. B.

West Virginia Law Review

No abstract provided.