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Articles 7621 - 7650 of 8419

Full-Text Articles in Property Law and Real Estate

Zoning - Police Power - Will Change In Conditions Make Zoning Restrictions Invalid?, Edmund R. Blaske Jan 1940

Zoning - Police Power - Will Change In Conditions Make Zoning Restrictions Invalid?, Edmund R. Blaske

Michigan Law Review

Desiring to operate a restaurant on his land, plaintiff petitioned the city trustees of Sunnyvale to rezone his property by taking it out of the residential district and adding it to the adjacent industrial district. After denial of his petitions, plaintiff brought this suit in which he sought a judgment declaring the zoning ordinance void as to his property. Reversing the lower court's judgment in favor of the city, the supreme court held, that because conditions had changed since the enactment of the ordinance, it was void as to plaintiff's property. Skalko V. City of Sunnyvale, (Cal. 1939) …

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The Maryland Ground Rent - Mysterious But Beneficial, Frank A. Kaufman Jan 1940

The Maryland Ground Rent - Mysterious But Beneficial, Frank A. Kaufman

Maryland Law Review

No abstract provided.

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Zoning - Municipal Corporations - Due Process - Restrictions On Power To Change Zoning Plan Previously Adopted, Edmund R. Blaske Jan 1940

Zoning - Municipal Corporations - Due Process - Restrictions On Power To Change Zoning Plan Previously Adopted, Edmund R. Blaske

Michigan Law Review

The plaintiff owned several lots in a subdivision which the defendant city changed from a class "B" residence district to a class "C" residence district. In an action for a declaratory judgment the plaintiff asked the court to pronounce the amendment making pie change void. The declaration contained the following allegations: that there was already sufficient undeveloped class "C" property to satisfy present and future building needs; that the change was made at the instance of private persons, for their benefit, and not in the public interest; that the new classification would decrease the value and enjoyment of the plaintiff's …

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Sale Of Land For Taxes In Kentucky, Earl S. Wilson Jan 1940

Sale Of Land For Taxes In Kentucky, Earl S. Wilson

Kentucky Law Journal

No abstract provided.

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Vendor And Purchaser--Ejectment By The Vendor, B. H. Henard Jan 1940

Vendor And Purchaser--Ejectment By The Vendor, B. H. Henard

Kentucky Law Journal

No abstract provided.

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Distribution Of Property Devised Or Conveyed To One And His Children, B. H. Henard Jan 1940

Distribution Of Property Devised Or Conveyed To One And His Children, B. H. Henard

Kentucky Law Journal

No abstract provided.

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Fees Simple Defeasible: The Purpose They Serve With An Appraisal Of Their Utility, M. E. Brake Jan 1940

Fees Simple Defeasible: The Purpose They Serve With An Appraisal Of Their Utility, M. E. Brake

Kentucky Law Journal

No abstract provided.

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May The Deed Of An Insane Grantor Be Avoided At Law As Well As In Equity?, Eugene R. Webb Jan 1940

May The Deed Of An Insane Grantor Be Avoided At Law As Well As In Equity?, Eugene R. Webb

Kentucky Law Journal

No abstract provided.

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Conveyances Of Land Identified By Monuments Of Appreciable Width, J. Granville Clark Jan 1940

Conveyances Of Land Identified By Monuments Of Appreciable Width, J. Granville Clark

Kentucky Law Journal

No abstract provided.

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Taxation--Jurisdiction Of Domiciliary State To Tax Transfer Of Property Located In Another State, Marvin M. Tincher Jan 1940

Taxation--Jurisdiction Of Domiciliary State To Tax Transfer Of Property Located In Another State, Marvin M. Tincher

Kentucky Law Journal

No abstract provided.

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Equitable Apportionment Of Oil And Gas Royalties, C. C. Williams, R. B. Goodwin Dec 1939

Equitable Apportionment Of Oil And Gas Royalties, C. C. Williams, R. B. Goodwin

West Virginia Law Review

No abstract provided.

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Taxation-Federal Estate Tax-Joint Tenancy-Retroactivity, Richard S. Brawerman Dec 1939

Taxation-Federal Estate Tax-Joint Tenancy-Retroactivity, Richard S. Brawerman

Michigan Law Review

The recent decision by the Supreme Court in United States v. Jacobs deals with the troublesome issue of retroactivity under the federal estate tax law. The decedent whose estate was involved in this case had paid the entire consideration for certain real estate which was conveyed to himself and his wife as joint tenants. This transaction took place in 1909. The decedent died in 1924, shortly after the effective date of the Revenue Act of that year. The Commissioner of Internal Revenue included the entire value of the real estate in the decedent's gross estate. The executors paid the tax …

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Landlord And Tenant - Assumption Of Risk Of Defective Stairway In Landlord's Control By Employee Of Tenant, John S. Pennell Dec 1939

Landlord And Tenant - Assumption Of Risk Of Defective Stairway In Landlord's Control By Employee Of Tenant, John S. Pennell

Michigan Law Review

Plaintiff, employee of a tenant in defendant's building, fell and suffered injuries while using a stairway designed for the use of the tenants and their employees. The stairway was in the control of the landlord, and had long been in a defective condition. It was the only means of ingress and egress. In the plaintiff's action against the landlord the trial court granted a non-suit on the ground that plaintiff had voluntarily assumed the risk of the defective stairway by her use thereof. Plaintiff appealed. Held, the question whether the plaintiff had voluntarily assumed the risk is a question …

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Torts - Liability Without Fault - Rylands V. Fletcher - Necessity For Control Of Premises, Charles F. Dugan Dec 1939

Torts - Liability Without Fault - Rylands V. Fletcher - Necessity For Control Of Premises, Charles F. Dugan

Michigan Law Review

Defendant, under a contract with the federal government to dredge the Chesapeake and Delaware Canal, deposited the effluent material dredged from the canal upon a disposal area owned by the government. The work was carried on under government supervision, and neither the government inspectors nor defendant's employees knew, nor apparently could they have known, of any defect in the retaining wall which had previously been built by the government to hold back the material. Defendant had had nothing to do with prior dredging operations, by which the level of fixed earth behind the retaining wall had been raised considerably. After …

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Negligence - Escalator Not An Attractive Nuisance, Michigan Law Review Dec 1939

Negligence - Escalator Not An Attractive Nuisance, Michigan Law Review

Michigan Law Review

Plaintiff, a four-year-old child, accompanied his mother into defendant's department store. Having wandered over to a nearby escalator, he inserted his hand into the aperture where the steps go under the floor, and suffered the loss of two fingers for which injury this action was brought. Held, defendant's motion to dismiss the action was properly granted below, since an escalator, being an ordinary, common instrumentality constructed for ordinary and common use, is not an attractive nuisance. Kataoka v. May Department Stores Co., (D. C. Cal. 1939) 28 F. Supp. 3.

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Torts - Adjoining Landowners - Duty Of Adjacent Owner To Airport Operator - Dangerous Instrumentalities, Jerome Dick Dec 1939

Torts - Adjoining Landowners - Duty Of Adjacent Owner To Airport Operator - Dangerous Instrumentalities, Jerome Dick

Michigan Law Review

Plaintiff operated an airport which was adjacent to defendant public utility's uninsulated electric power transmission line. Since the airplane could not enter or leave the airport without flying low over defendant's adjacent right-of-way, the wire constituted an obstruction to their means of ingress and egress; in addition there was the danger of electrocution from contact with the wires. Plaintiff contends that this constitutes an interference with his business and seeks damages. Held, for defendant; under the statute plaintiff is a trespasser because he interferes with the reasonable use of defendant's property and a landowner is under no obligation to …

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Real Estate Brokers' Contracts Within The Statute Of Frauds, Hardyn B. Soule Jul 1939

Real Estate Brokers' Contracts Within The Statute Of Frauds, Hardyn B. Soule

Washington Law Review

That the dictates of the law and the principles of common morality are not always blended to perfection is not a startlingly new pronouncement. Undoubtedly the courts use every legitimate means at their disposal in forming their decrees to enforce conduct that we are pleased to regard as called for in the name of simple honesty. But in at least one situation the Statute of Frauds has appeared to many courts to prevent a decree harmonizing law and justice. The type situation is that P, being desirous of purchasing a piece of realty, orally engages A to negotiate the purchase …

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Detinue--Requirement That Property Be Of Actual Value--Alternate Judgment As Controlling Element In Value Requirement, W. E. N. Jun 1939

Detinue--Requirement That Property Be Of Actual Value--Alternate Judgment As Controlling Element In Value Requirement, W. E. N.

West Virginia Law Review

No abstract provided.

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Mortgages - Limitation Of Actions - Deficiency Decree On Basis Of Covenant In Mortgage When Action On Note Barred, Donald M. Swope Jun 1939

Mortgages - Limitation Of Actions - Deficiency Decree On Basis Of Covenant In Mortgage When Action On Note Barred, Donald M. Swope

Michigan Law Review

Defendant executed and delivered to plaintiff a promissory note and a mortgage securing it. The mortgage contained a covenant to pay $10,000 (the principal amount of the note) "according to the terms of a certain promissory note bearing even date herewith." Upon foreclosure it was held, three judges dissenting, that the mortgagee was entitled to a deficiency decree notwithstanding action on the note was barred by the statute of limitations. Guardian Depositors Corporation of Detroit v. Savage, 287 Mich. 193,283 N. W. 26 (1938).

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Barrett Law Bonds-Prepaid Assessments Jun 1939

Barrett Law Bonds-Prepaid Assessments

Indiana Law Journal

No abstract provided.

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Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps Jun 1939

Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps

Michigan Law Review

As a general proposition, one might perhaps feel prone to quarrel with the statement that "history repeats itself," but there can be little doubt that it applies full well to legislation aimed at relieving hard-pressed debtors in times of financial crises. From our earliest American history, every economic "winter" has provoked a landslide of pro-debtor legislation. Nor have mortgage debtors been overlooked in this regard. The remedies suggested have been as varied and ingenious as human minds could concoct. A brief review of the past decisions indicates that when they could be said to impair the obligation of contract, such …

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Constitutional Law - Special Assessments - Property Owner's Right To Hearing Under Due Process Clause - Legislative Determination Of Benefits, Richard S. Brawerman Jun 1939

Constitutional Law - Special Assessments - Property Owner's Right To Hearing Under Due Process Clause - Legislative Determination Of Benefits, Richard S. Brawerman

Michigan Law Review

The California legislature created the Los Angeles Flood Control District, empowered a board of supervisors to construct improvements and acquire property necessary or useful for carrying out the purposes of the act, and provided for the organization of drainage districts within the flood control district. An amendatory act provided that the board of supervisors might accept a transfer of "all, but not less than all," improvements of defined classes lying within the flood control district, whereupon the district should become liable for principal and interest of bonds afterward maturing which had been issued by any drainage district to cover the …

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Deeds - Construction Where Grantees Take "Jointly'', Michigan Law Review Jun 1939

Deeds - Construction Where Grantees Take "Jointly'', Michigan Law Review

Michigan Law Review

Land was conveyed to plaintiffs' ancestor and defendant by deed. The granting clause read: "hereby convey to Isaac . . . and Alice . . . "; the habendum clause: "Said real estate being taken by said grantees jointly . . . to have and to hold . . . to the said grantees, their assigns, heirs, and devisees forever." The heirs of Isaac, who died intestate, filed a partition petition; Alice, claiming as surviving joint tenant, answered and also started an action to quiet title. A statute provided that "Conveyances to two or more in their own right create …

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Landlord And Tenant - Liability Of Landlord To Lessee's Guest - "Nuisance", Michigan Law Review Jun 1939

Landlord And Tenant - Liability Of Landlord To Lessee's Guest - "Nuisance", Michigan Law Review

Michigan Law Review

Defendant leased the top two floors of a three-story building to a single tenant for use as an apartment house, the first floor being let to another tenant for business purposes. At the time of the original lease, there were facilities on the roof suitable for the laundering needs of prospective subtenants. There were also on the roof, in plain sight, three skylights, each being covered by glass panes resting on a casing which was raised twelve inches above the surface of the roof. While assisting a subtenant friend in hanging laundry, plaintiff fell through one of these skylights. He …

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Trusts - Right Of Trustee's Wife To Dower In Property Held Subject To Oral Trust - Effect Of Subsequent Memorandum - Dower Where Trustee Has Both Legal And Equitable Interest, Michigan Law Review May 1939

Trusts - Right Of Trustee's Wife To Dower In Property Held Subject To Oral Trust - Effect Of Subsequent Memorandum - Dower Where Trustee Has Both Legal And Equitable Interest, Michigan Law Review

Michigan Law Review

Pursuant to an oral agreement and upon consideration furnished by them, A, B, and C procured land to be conveyed to A by a third party. Six days later A executed a self declaration of trust in the terms of the oral agreement; that he would operate it, and within a specified period sell the property and divide the proceeds between himself, B and C, as beneficiaries. A suit to remove A as trustee culminated in a judicial sale of the property to B and C. In this proceeding by B and C to quiet title, A …

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Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Ralph E. Helper May 1939

Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Ralph E. Helper

Michigan Law Review

The recent decision of the Supreme Court of the United States in M. E. Blatt Co. v. United States has fairly settled the conflict that has ranged for over twenty years between the Commissioner of Internal Revenue and the Board of Tax Appeals on one side, and the courts on the other. The commissioner's contention that improvements made by a lessee should be taxed as income to the lessor was denied, and by dictum the Court approved the reasoning of Judge Learned Hand in Hewitt Realty Co. v. Commissioner, wherein he said that the judicial concept of "income" did …

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Adverse Possession - Possession Under Mistake As To True Boundary, S. R. Stroud May 1939

Adverse Possession - Possession Under Mistake As To True Boundary, S. R. Stroud

Michigan Law Review

Plaintiff and defendant's predecessor in title made a mistake in locating the boundary line between their lots. Laboring under this misapprehension, the plaintiff constructed a cottage which in fact was partially on land of defendant's predecessor in title. Defendant, having purchased the adjoining lot, caused a survey to be made and discovered that the cottage of the plaintiff and the wall constructed by plaintiff and defendant's predecessor encroached upon defendant's land. However, plaintiff remained in possession without admitting defendant's title and in 1937 sued to establish title by adverse possession. The lower court found that having been in possession for …

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Equitable Servitudes-Restriction Of Use Of Land Retained By Vendor Apr 1939

Equitable Servitudes-Restriction Of Use Of Land Retained By Vendor

Indiana Law Journal

No abstract provided.

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Necessity For Compensation For Violation Of A Restrictive Covenant In An Eminent Domain Proceeding, Wayne C. Booth Apr 1939

Necessity For Compensation For Violation Of A Restrictive Covenant In An Eminent Domain Proceeding, Wayne C. Booth

Washington Law Review

In eminent domain proceedings where the state or a repository of state power seeks to use land within a restricted residence area for a purpose not consistent with the restrictive covenants, recovery of compensation by adjacent owners in the subdivision for this violation seems dependent upon whether the interest created by the covenants in the adjacent owners is a "property right". If it is a property right it can not under most state and the federal constitutions be taken by eminent domain unless compensation is made.' On the other hand, if the interest be not "property" no compensation need be …

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Zoning - Construction Of Ordinance Restricting District To Residences - Rooming House As Business, S. R. Stroud Apr 1939

Zoning - Construction Of Ordinance Restricting District To Residences - Rooming House As Business, S. R. Stroud

Michigan Law Review

Plaintiff purchased the property in question on January 26, 1934. The property was subject to restrictive covenants, running with the land until January 26, 1930, which prohibited use for "any trade or business whatsoever or any boarding house." On August 18, 1922, a temporary zoning ordinance of the city of Long Beach was adopted to retain the advantages secured by the restrictive covenants. This was followed by a permanent zoning ordinance on July 8, 1930. Under the permanent zoning ordinance the property in question was included in "Residence A" district which was restricted to "a one family detached house for …

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