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Articles 7501 - 7530 of 8419

Full-Text Articles in Property Law and Real Estate

Easements-Use Of Boundary-Line Driveways As Permissive Or Adverse Jun 1943

Easements-Use Of Boundary-Line Driveways As Permissive Or Adverse

Michigan Law Review

The essence of prescription as a means of acquiring ownership or an interest is long-continued use. If the claimant's task were simply the proof of the use and that it had been open, it would not be a difficult one. The chief difficulties are encountered in establishing that the use had the necessary quality of adverseness. The like requirement as to a possession that ripens into ownership under the statute of limitations has its problems, but they are, generally speaking, not so troublesome.

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Eminent Domain - Disposition Of Award When Land Is Subject To Life Estate And Remainder, Mary Jane Morris Jun 1943

Eminent Domain - Disposition Of Award When Land Is Subject To Life Estate And Remainder, Mary Jane Morris

Michigan Law Review

Testator devised property to his adopted daughter for life and remainder to her children, but should she leave no children at her death, then the estate was to go to a named charity. The United States took title to this property and paid the compensation into court. The life tenant and one of the five children filed a motion that the life tenant be permitted to withdraw the funds arising from the condemnation for the purpose of having them immediately reinvested in other real estate and/or government securities. This motion was approved by the guardian ad litem for the one …

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Deeds - Effect Of Noncompliance With Statute Requiring Grantor To Set Forth In Deed Name Under Which He Derived Title, Mary Jane Morris Apr 1943

Deeds - Effect Of Noncompliance With Statute Requiring Grantor To Set Forth In Deed Name Under Which He Derived Title, Mary Jane Morris

Michigan Law Review

In a suit between plaintiff and defendant Girola Bros., plaintiff obtained a judgment and levied upon certain property. Plaintiff purchased the land at an execution sale and recorded the sheriff's deed conveying the property to him. Prior to the commencement of the action, defendant Girola Bros. had changed its name to Madalay, Inc., and under the latter name had conveyed the property, subsequently levied on by plaintiff, to defendant M. Girola, pending the action by plaintiff. This deed was recorded. It set forth Madalay, Inc., as grantor, but failed to set forth the name in which Madalay, Inc., derived title …

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Constitutional Law - Validity Of Rent Provisions Of Emergency Price Control Act, George T. Schilling Feb 1943

Constitutional Law - Validity Of Rent Provisions Of Emergency Price Control Act, George T. Schilling

Michigan Law Review

The administrator of the Office of Price Administration brought an action in a federal district court to enjoin defendant from violating the rent provisions of the Emergency Price Control Act of 1942, and orders and regulations issued pursuant thereto. Defendant, by way of counterclaim, challenged the constitutionality of the act and Regulation No. 10 and sought an in junction restraining plaintiff from enforcing against her the provisions of the act, from interfering with the use and occupancy of her premises and her right to invoke the jurisdiction of the state courts, and requesting the suspension of the penal provisions of …

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Trusts - Constructive Trusts - Protection Of Trade Secrets And Like Confidential Information, E. George Rudolph Feb 1943

Trusts - Constructive Trusts - Protection Of Trade Secrets And Like Confidential Information, E. George Rudolph

Michigan Law Review

Plaintiff hired a seismograph company to make surveys of certain land for the purpose of locating oil and gas. The results of the survey were favorable. An employee of the seismograph company communicated the results to the defendant who thereafter leased the land. Plaintiff brought suit to have defendant declared constructive trustee of the land for plaintiff. Held, that the relief could not be granted since defendant might have leased the land without such information. Ohio Oil Co. v. Sharp, (D. C. Okla. 1942) 45 F. Supp. 969.

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Assault And Battery - Defense Of Property Feb 1943

Assault And Battery - Defense Of Property

Michigan Law Review

In a suit brought to recover damages for the death of plaintiff's husband the evidence indicated that the deceased, and other intruders, entered defendant's place of business after having been ordered to leave. The group "threw bricks and other missiles at Gennaro, destroying whiskey bottles and other property, whereupon Gennaro secured a pistol and shot and killed Wade." It was held that defendant was justified in killing the inebriated trespasser. Wade v. Gennaro, (La. App. 1942) 8 So. (2d) 561.

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Delivery Of Deed After Death Of Co-Grantor Jan 1943

Delivery Of Deed After Death Of Co-Grantor

Indiana Law Journal

Notes and Comments: Property

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Vested And Contingent Remainders, A Suggestion With Respect To Legal Method, Laurence M. Jones Jan 1943

Vested And Contingent Remainders, A Suggestion With Respect To Legal Method, Laurence M. Jones

Maryland Law Review

No abstract provided.

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La Intervención De Propiedades Por El Gobierno, Ramón De La Cruz Jan 1943

La Intervención De Propiedades Por El Gobierno, Ramón De La Cruz

Mario Diaz Cruz Pamphlets

Casos del Central Tinguaro y compañia ron Bacardi.

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Apportionment Between Life Tenant And Remainderman Of Loss On Defaulted Mortgage Security Held In Trust, Charles V. Shipley Jan 1943

Apportionment Between Life Tenant And Remainderman Of Loss On Defaulted Mortgage Security Held In Trust, Charles V. Shipley

Kentucky Law Journal

No abstract provided.

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Right Of Creditors To Attach Personalty In The Hands Of A Vendor Who Retains Possession After Sale, John H. Clarke Jr. Jan 1943

Right Of Creditors To Attach Personalty In The Hands Of A Vendor Who Retains Possession After Sale, John H. Clarke Jr.

Kentucky Law Journal

No abstract provided.

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Fusion Of Law And Equity--Suit At Law For Purchase Price Of Land, Henry Howe Bramblet Jan 1943

Fusion Of Law And Equity--Suit At Law For Purchase Price Of Land, Henry Howe Bramblet

Kentucky Law Journal

No abstract provided.

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Leslie's Adm'x Et Al V. Branham Et Al, Barbara Moore Jan 1943

Leslie's Adm'x Et Al V. Branham Et Al, Barbara Moore

Kentucky Law Journal

No abstract provided.

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Governmental Regulations: Not An Excuse For Nonperformance Of A Lease, Helen C. Stephenson Jan 1943

Governmental Regulations: Not An Excuse For Nonperformance Of A Lease, Helen C. Stephenson

Kentucky Law Journal

No abstract provided.

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The Disposition Of Dormant Bank Deposits And Other Unclaimed Property, Earl S. Wilson Jan 1943

The Disposition Of Dormant Bank Deposits And Other Unclaimed Property, Earl S. Wilson

Kentucky Law Journal

No abstract provided.

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A Review In Brief Of Principles Of Community Property, William Q. De Funiak Jan 1943

A Review In Brief Of Principles Of Community Property, William Q. De Funiak

Kentucky Law Journal

No abstract provided.

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Bar Of The Debt As Affecting The Mortgage, Robert S. Hammond Jan 1943

Bar Of The Debt As Affecting The Mortgage, Robert S. Hammond

Kentucky Law Journal

No abstract provided.

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Programa De Oposiciones Al Cuerpo De Aspirantes A Registros De La Propiedad, Ministerio De Justicia Jan 1943

Programa De Oposiciones Al Cuerpo De Aspirantes A Registros De La Propiedad, Ministerio De Justicia

Mario Diaz Cruz Pamphlets

No abstract provided.

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Note On Secondary Recovery, C. C. Williams Jr. Dec 1942

Note On Secondary Recovery, C. C. Williams Jr.

West Virginia Law Review

No abstract provided.

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Unity Plan In Dedication Of Ways, G. S. B. Dec 1942

Unity Plan In Dedication Of Ways, G. S. B.

West Virginia Law Review

No abstract provided.

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Executors And Administrators - Distribution Of Surplus Proceeds When Realty Devised Subject To A Condition Is Sold For Debts, E. George Rudolph Oct 1942

Executors And Administrators - Distribution Of Surplus Proceeds When Realty Devised Subject To A Condition Is Sold For Debts, E. George Rudolph

Michigan Law Review

Testatrix devised a house and lot to the trustees of the First Methodist Church Oil the condition that it be used for a parsonage. In administering the estate it became necessary to sell this real estate. Seven thousand dollars was realized by the sale, of which five thousand remained after debts were paid. This action was brought by the executors to determine the respective rights of the trustees of the First Methodist Church, the residuary legatee, and the heirs at law to this five thousand dollar surplus. Held, the condition relating to the use of the realty was rendered …

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Federal Courts - What Is An Equitable Claim To Real Property Within The Meaning Of Section 57 Of The Judicial Code?, Charles J. O'Laughlin Oct 1942

Federal Courts - What Is An Equitable Claim To Real Property Within The Meaning Of Section 57 Of The Judicial Code?, Charles J. O'Laughlin

Michigan Law Review

Plaintiff, an Ohio corporation, was the lessee of land in Kentucky. It entered into a contract with defendant lessor, a resident of the District of Columbia, to renew the lease. Defendant failed to carry out his agreement, and plaintiff" sued for specific performance of the contract to lease in the United States District Court for Eastern Kentucky, jurisdiction being based on diversity of citizenship. Plaintiff was unable to obtain personal service upon defendant, but obtained service by publication under section 57 of the Judicial Code, which authorizes the court to take jurisdiction and to allow service by publication in "any …

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Real Property--Nuisance--Abatement Against Reversion, H. P. S. Jun 1942

Real Property--Nuisance--Abatement Against Reversion, H. P. S.

West Virginia Law Review

No abstract provided.

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Insurance - Right Of Insurer To Be Subrogated To Claim Of Insured Against A Third Person Where It Has Paid A Claim On Which It Was Not Liable, Michigan Law Review Jun 1942

Insurance - Right Of Insurer To Be Subrogated To Claim Of Insured Against A Third Person Where It Has Paid A Claim On Which It Was Not Liable, Michigan Law Review

Michigan Law Review

Plaintiff paid insured for damage done to his building because of the defendant's negligence, and received a subrogation receipt from the insured. Plaintiff now sues for damages in its own name and for its own benefit. The policy provided that it should be void if the insured did not have sole and unconditional ownership of the property. Title to the damaged property was in the name of the insured's wife, and therefore the policy was void. Held, since the insurer was not obligated under the policy, it was a mere volunteer, and could not be subrogated to the insured's …

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Landlord And Tenant - Anticipatory Or Partial Breach By Lessee, Michigan Law Review Jun 1942

Landlord And Tenant - Anticipatory Or Partial Breach By Lessee, Michigan Law Review

Michigan Law Review

Plaintiff was lessor and defendant was lessee under a ninety-nine year lease. After thirty-one years had expired under the lease, defendant gave notice of his intention to quit at the end of the current quarter. Plaintiff informed defendant that he would not accept a surrender, but before the end of the quarter defendant abandoned the premises. When defendant refused to pay rent for the next quarter as it became due, plaintiff sued for the difference between the rent reserved for a thirty-year period and the fair rental value for such a period. Held, the repudiation constituted a total breach …

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Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs May 1942

Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs

Michigan Law Review

Complainant, believing his property to be illegally in the possession of defendant pawnbroker, obtained a search warrant, authorized by statute to be issued, on complaint under oath, by any magistrate who is satisfied that there is reasonable cause for complainant's belief. Although the statute required the property to be seized and delivered to complainant on his posting a bond for double the value of the property, the property was not in fact seized. However, actual notice to appear and be heard on a certain date was given to the defendant, even though such notice was not expressly required by the …

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Injunctions - Extent To Which Equity Will Protect A Business On The Theory That It Is A Property Right, Michigan Law Review Apr 1942

Injunctions - Extent To Which Equity Will Protect A Business On The Theory That It Is A Property Right, Michigan Law Review

Michigan Law Review

Plaintiff, a corporation engaged in publishing a newspaper, in order to increase circulation conducted a puzzle contest, offering substantial prizes. Defendant, engaged in preparing and selling answers to various prize contests, sold answers to contestants in plaintiff's contests. Plaintiff sought to enjoin such activity. Held, that the right to conduct a lawful business is a property right which may be protected from unlawful interference. Even if, as mere offerees, the contestants are not bound to plaintiff by contract, defendant's acts amount to an inducement to tender spurious performance and may therefore be enjoined as improper and unlawful interference with …

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Municipal Corporations - Waters And Watercourses - Eminent Domain - Pollution Of Water As A "Taking" Of Private Property, Brooks F. Crabtree Mar 1942

Municipal Corporations - Waters And Watercourses - Eminent Domain - Pollution Of Water As A "Taking" Of Private Property, Brooks F. Crabtree

Michigan Law Review

Plaintiff sued defendant city for damages caused his land by the continual discharge of raw sewage into the river about one-half mile above plaintiff's land. The pollution rendered the water of the river unfit for domestic use and deleterious to health. Held, that although the plaintiff failed to allege the necessary elements for a tort action against a municipality, under the Washington statute, he stated a valid cause of action for damages under article I, section 16 of the Washington Constitution which states that "No private property shall be taken or damaged for public or private use without just …

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Oil And Gas - Interpretation Of Lease Containing Royalty Provisions, Brooks F. Crabtree Mar 1942

Oil And Gas - Interpretation Of Lease Containing Royalty Provisions, Brooks F. Crabtree

Michigan Law Review

Several of the plaintiffs owned oil-producing land in Oklahoma and had leased it to one Briggs. The lease ran for a fixed term and "so long thereafter as oil or gas may be produced therefrom by the lessee." It provided for a royalty payment to the lessor of one-eighth of the oil or gas produced, and gave the lessee the right "at any time" to remove all machinery and equipment placed on the premises, including the right to draw and remove the casing. Briggs sold the equipment thereon to defendant and later sold the lease itself to one of the …

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Municipal Corporations - Zoning Ordinances - Aesthetic Considerations Under The Police Power, Charles J. O' Laughlin Feb 1942

Municipal Corporations - Zoning Ordinances - Aesthetic Considerations Under The Police Power, Charles J. O' Laughlin

Michigan Law Review

Plaintiff brought suit to enjoin the enforcement of the zoning laws of the city of Miami Beach. His property was in a zone reserved for apartment hotels and first-class family residences, but adjacent to an area in which business structures were allowed. Plaintiff sought to erect structures of a business character on his property, despite the zoning law. Held, the zoning law is sustained, for plaintiff's property rights must yield to the interest of the community in maintaining the attractiveness of this resort area. City of Miami Beach v. Ocean & Inland Co., (Fla. 1941) 3 So. (2d) …

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