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Articles 7561 - 7590 of 8419

Full-Text Articles in Property Law and Real Estate

Taxation--Property Tax--Chattels Real Not Taxable As Personalty Within Class I, L. E. T. Ii Apr 1941

Taxation--Property Tax--Chattels Real Not Taxable As Personalty Within Class I, L. E. T. Ii

West Virginia Law Review

No abstract provided.


Deeds--Rules Of Construction--Intent Of Grantor, H. L. W. Jr. Apr 1941

Deeds--Rules Of Construction--Intent Of Grantor, H. L. W. Jr.

West Virginia Law Review

No abstract provided.


Landlord And Tenant--Covenant Running With The Land--Rule In Dumpor's Case, N. E. S. Apr 1941

Landlord And Tenant--Covenant Running With The Land--Rule In Dumpor's Case, N. E. S.

West Virginia Law Review

No abstract provided.


Principal And Surety - Discharge Of Surety For A Lessee By Assignment Of The Lease, H. Martin Peckover Apr 1941

Principal And Surety - Discharge Of Surety For A Lessee By Assignment Of The Lease, H. Martin Peckover

Michigan Law Review

Lands set aside by statute as common property of the Chickasaw and Choctaw Indian tribes were, pursuant to an act of Congress, leased to one Gunther by mining trustees of the tribes. The lease contained covenants to pay "stipulated annual advance royalties," and also provided that no assignment should be made without the consent of the trustees "subject to the approval of the Secretary of the Interior." Defendant surety company executed a bond for the faithful performance of the terms of the lease, and the same was duly approved. Then Gunther, with the consent of the trustees, but not the …


Slander Of Title - Nature Of The Action - Statute Of Limitations, Herbert R. Whiting Apr 1941

Slander Of Title - Nature Of The Action - Statute Of Limitations, Herbert R. Whiting

Michigan Law Review

Plaintiff brought an action to recover damages occasioned by certain letters, alleged to be false and malicious, written by the defendant of and concerning the title to plaintiff's property. Since the letters were written more than one year prior to the commencement of the action, defendant argued that the action was barred by a clause in the local statute of limitations providing that "actions for libel and slander shall be commenced within one year after the cause of action shall have accrued." On the other hand the plaintiff asserted that the case came under the statute's two-year limitation of actions …


Personal Property Taxation In Kansas, By The Kansas Legislative Council Research Department, Robert C. Brown Apr 1941

Personal Property Taxation In Kansas, By The Kansas Legislative Council Research Department, Robert C. Brown

Indiana Law Journal

No abstract provided.


Ownership Of Real Property In Illinois By Non-Residents Of The State, By The Illinois Legislative Council Apr 1941

Ownership Of Real Property In Illinois By Non-Residents Of The State, By The Illinois Legislative Council

Indiana Law Journal

No abstract provided.


Life Estate With A Limited Power Of Disposition Apr 1941

Life Estate With A Limited Power Of Disposition

Indiana Law Journal

Notes and Comments: Property and Estates


On Leasing Gas From Coal Seams, C. C. Williams Jr. Apr 1941

On Leasing Gas From Coal Seams, C. C. Williams Jr.

West Virginia Law Review

No abstract provided.


Federal Power Act - Jurisdiction And Functions Of The Federal Power Commission - Constitutional Limitations, Robert P. Kneeland, Stark Ritchie Apr 1941

Federal Power Act - Jurisdiction And Functions Of The Federal Power Commission - Constitutional Limitations, Robert P. Kneeland, Stark Ritchie

Michigan Law Review

Before December 16, 1940, John Smith could look complacently on the muddy creek flowing through his pasture, secure in the knowledge that the right to use the waters in that stream was his, free from any outside interference, so long as he had due regard for the rights of his neighbors. Now, however, John Smith would do well to examine the myriad regulations and provisions of the federal statutes before damming that creek to store up water for his cows during the dry season. It is entirely possible that his muddy creek would now be considered a "navigable" stream in …


Constitutional Law - Federal Power To Dispose Of Property - Use Of Imposed Conditions To Induce State Conformity To Congressional Policy, Michigan Law Review Apr 1941

Constitutional Law - Federal Power To Dispose Of Property - Use Of Imposed Conditions To Induce State Conformity To Congressional Policy, Michigan Law Review

Michigan Law Review

A federal grant of public land to the city of San Francisco, on condition that the land be used for municipal production and distribution- of water and electricity, contained an express prohibition against the sale of electric energy to any private company for resale. The United States sought to enjoin the city from carrying out a contract with a private corporation whereby the latter distributed the electricity to consumers at rates set by the state railroad commission. The federal circuit court of appeals declared the relationship between the city and corporation was that of agency, rather than vendor and vendee. …


Landlord And Tenant - Notice To Terminate - Subsequent Collection Of Rent As Waiver Of Notice, Michigan Law Review Apr 1941

Landlord And Tenant - Notice To Terminate - Subsequent Collection Of Rent As Waiver Of Notice, Michigan Law Review

Michigan Law Review

Defendant tenant held under a month-to-month tenancy. On September 12, plaintiff landlord served him with the requisite thirty-day notice to terminate the tenancy. On October 26, plaintiff was awarded possession by default judgment in summary proceedings before the circuit court commissioner. Defendant subsequently posted an appeal bond to stay execution and appealed to the circuit court. While the appeal was pending, plaintiff billed and collected the October rent and utility charges. Defendant claimed that this waived plaintiff's notice. Held, there was no waiver of notice since the Michigan statutes contemplate recovery of rent until the landlord obtains possession. Detroit …


Religion And Religious Institutions - Title To Church Property In Event Of A Schism Within A Church, Michigan Law Review Apr 1941

Religion And Religious Institutions - Title To Church Property In Event Of A Schism Within A Church, Michigan Law Review

Michigan Law Review

In 1839 property was granted to the "Trustees of the Church of Christ of Little Grove and their successors in office . . . unto the only proper use and behoof of the Church of Christ at Little Grove during a succession of trustees." A dispute arose within the congregation, causing a schism, and both the plaintiffs and the defendants claimed that they were the successors to the original trustees and that they had carried on the tenets and doctrines of the Church of Christ. The evidence showed that the defendants had been elected trustees at an open meeting presided …


Bankruptcy - Debts Not Affected By A Discharge - Goods Purchased When Insolvent With No Intent To Pay, William C. Wetherbee Jr. Mar 1941

Bankruptcy - Debts Not Affected By A Discharge - Goods Purchased When Insolvent With No Intent To Pay, William C. Wetherbee Jr.

Michigan Law Review

Respondent was suing the debtor in a municipal court of Georgia for goods purchased on account. When the debtor was ajudicated a bankrupt, the respondent changed his action from contract to tort by alleging that the bankrupt had purchased the goods when insolvent with no intent to pay for them. A judgment was obtained by respondent and the bankrupt subsequently received a discharge in bankruptcy. The bankrupt now asks that the respondent be enjoined from further proceeding to enforce this judgment by garnishment or in any other manner. Respondent claims that the judgment was not discharged since it was a …


Taxation - Tax Delinquent Lands - The Michigan Land Board Act As A Solution To The Delinquency Problem, Rex B. Martin Mar 1941

Taxation - Tax Delinquent Lands - The Michigan Land Board Act As A Solution To The Delinquency Problem, Rex B. Martin

Michigan Law Review

Nearly all states have been faced with the increasingly difficult problem of what to do with the growing volume of tax delinquent land which has been thrown upon their hands. As a typical example of the financial aspects of this problem, Michigan in 1928 had over $25,000,000 worth of delinquent taxes on 8,757,000 acres of property. In 1932 this acreage was estimated at 15,660,000. By 1937 the unpaid taxes in some of Michigan's counties exceeded five times the assessed value of the delinquent properties. Much of the property could not be sold for the amount of taxes owed, and the …


Parties - Representative Suits As Res Judicata- Rejection Of Doctrine Of Class Suits In Successive Actions To Enforce Mutual Covenants In Land, Gerald M. Lively Mar 1941

Parties - Representative Suits As Res Judicata- Rejection Of Doctrine Of Class Suits In Successive Actions To Enforce Mutual Covenants In Land, Gerald M. Lively

Michigan Law Review

Some 500 frontage owners in a certain described residential district entered into mutual covenants which stipulated against the sale to, or occupation of, such land by negroes. In an action to enjoin a breach of one of these covenants the defense was asserted that a condition precedent requiring ninety-five per cent of the frontage owners to sign the agreement had not been performed. On a trial of the merits it was found that only about fifty-four per cent of the frontage owners had actually signed. However, in a prior action, an owner, on behalf of herself and other like property …


Administration Of Estates--Advancement--Method Of Hotchpot, P. J. O'F. Feb 1941

Administration Of Estates--Advancement--Method Of Hotchpot, P. J. O'F.

West Virginia Law Review

No abstract provided.


Landlord And Tenant--Termination Of A Year To Year Tenancy, B. D. T. Feb 1941

Landlord And Tenant--Termination Of A Year To Year Tenancy, B. D. T.

West Virginia Law Review

No abstract provided.


Deeds--Construction--Where Not Effective Until The Future, W. J. C. Feb 1941

Deeds--Construction--Where Not Effective Until The Future, W. J. C.

West Virginia Law Review

No abstract provided.


Insurance - Insurable Interest - Occupant Or Possessor Of Realty, Raymond H. Rapaport Feb 1941

Insurance - Insurable Interest - Occupant Or Possessor Of Realty, Raymond H. Rapaport

Michigan Law Review

Plaintiff sued upon an insurance policy, issued to her by the defendant, covering a building in which she was conducting a merchandising business. The building was owned in fee by the plaintiff's father-in-law, who had told the plaintiff that she might occupy it so long as she wished, and that he intended to deed it to her and her children. Held, plaintiff had an insurable interest in the building. Liverpool & London & Globe Ins. Co. v. Bolling, (Va. 1940) 10 S. E. (2d) 518.


The Assessment And Taxation Of Easements, Snyder Jed King Jan 1941

The Assessment And Taxation Of Easements, Snyder Jed King

Washington Law Review

A sells a plot of ground to B, reserving in the grant an easement of way across B's property. B becomes delinquent in the payment of his taxes on the property and allows it to go by tax foreclosure. C purchases the property at the tax foreclosure sale and now attempts to keep A from using the right of way, asserting that the title he derived from the tax sale has cut off A's right of easement. The resulting problem has received varied treatment in the different jurisdictions of this country. The apparent conflict in the decisions can be partially …


Re-Survey Warrant - Navigable Waters - Adverse Possession - Gray V. Gray Jan 1941

Re-Survey Warrant - Navigable Waters - Adverse Possession - Gray V. Gray

Maryland Law Review

No abstract provided.


Constitutional Law- Eminent Domain - Power Of State To Condemn Land For Low-Cost Housing And Transfer To The United States, Oscar Freedenberg Jan 1941

Constitutional Law- Eminent Domain - Power Of State To Condemn Land For Low-Cost Housing And Transfer To The United States, Oscar Freedenberg

Michigan Law Review

Public low-cost housing legislation on a national scale in this country began with title II, section 202 of the National Industrial Recovery Act of 1933, which authorized the administrator to embark upon a program for "construction, reconstruction, alteration, or repair under public regulation or control of low-cost housing and slum-clearance projects." But soon thereafter, in United States v. Certain Lands in the City of Louisville, a majority of the United States Circuit Court of Appeals for the Sixth Circuit decided that the N.I.R.A. was unconstitutional so far as it attempted to authorize the condemnation of land by the United …


Banks And Banking -Trusts - Right Of Bank To Sell Participating Trust Certificates In Self-Owned Property, Michigan Law Review Jan 1941

Banks And Banking -Trusts - Right Of Bank To Sell Participating Trust Certificates In Self-Owned Property, Michigan Law Review

Michigan Law Review

In 1923 the trust company entered into a transaction with the land company by which the land company borrowed $130,000 with which it purchased a city property for slightly less than that amount and gave title to the trust company as security for the loan. Through a series of loans later negotiated the trust company came to have an investment of $150,000 in the property. In 1926 the trust company made an agreement with the land company pursuant to which the trust company declared itself trustee of the property at an appraised value almost fifty per cent above the purchase …


Deeds - Construction - Effect Of Words Showing Purpose Of Grant, Michigan Law Review Jan 1941

Deeds - Construction - Effect Of Words Showing Purpose Of Grant, Michigan Law Review

Michigan Law Review

Plaintiff sought to enjoin defendants from drilling for oil and gas on a strip of land which defendants claimed through a "right of way deed" conveying and warranting the strip to a railroad company "as and for its right of way'' and describing the land as "across and upon" a certain quarter-section. The deed recited as consideration $250 and the benefits accruing to the grantor through the construction and operation of a railroad on the land. Tracks were never laid on the strip, but the railroad company continued to pay taxes thereon. Held, that under Illinois law a fee …


Equity: Restrictive Covenants; Construction Of Covenant To Use Property For Erection Of A Residence, R. T. Sweeney Jan 1941

Equity: Restrictive Covenants; Construction Of Covenant To Use Property For Erection Of A Residence, R. T. Sweeney

Kentucky Law Journal

No abstract provided.


Construction Of Conveyance Made In Exchange For The Grantee's Promise To Support The Grantor, Clarence Cornelius Jan 1941

Construction Of Conveyance Made In Exchange For The Grantee's Promise To Support The Grantor, Clarence Cornelius

Kentucky Law Journal

No abstract provided.


Leasehold Rights In Bankruptcy And Equity Proceedings, A. O. Stanley Jan 1941

Leasehold Rights In Bankruptcy And Equity Proceedings, A. O. Stanley

Kentucky Law Journal

No abstract provided.


Sales By Executors And Administrators, Clarence Cornelius Jan 1941

Sales By Executors And Administrators, Clarence Cornelius

Kentucky Law Journal

No abstract provided.


Interpretation Of Kentucky Statutes Concerning Division Fences, Harry W. Roberts Jr. Jan 1941

Interpretation Of Kentucky Statutes Concerning Division Fences, Harry W. Roberts Jr.

Kentucky Law Journal

No abstract provided.