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Articles 7651 - 7680 of 8419

Full-Text Articles in Property Law and Real Estate

Municipal Corporations - Liability To Abutting Property Owner For Negligence In Spraying Trees On Highway, Arthur A. Greene Jr. Mar 1939

Municipal Corporations - Liability To Abutting Property Owner For Negligence In Spraying Trees On Highway, Arthur A. Greene Jr.

Michigan Law Review

The defendant, a municipal corporation, used a poison spray on the trees on the highway under the authority and express duty of certain statutes that declared browntail moths and other insects a nuisance. This was done in such a manner that a part of the spray fell on the abutting land of the plaintiff, and caused the death of her poultry. The plaintiff instituted this action, relying on two counts, one alleging negligence and the other alleging an unreasonable use of the highway. Held, that the plaintiff could not recover on the first count because the abatement of this …

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Automobiles - Registration Of Title And Transfer - Effect On Ownership, Gerald M. Stevens Mar 1939

Automobiles - Registration Of Title And Transfer - Effect On Ownership, Gerald M. Stevens

Michigan Law Review

Who owns this automobile? is a question of frequent interest both to the state and to its citizens. Identification of it and its owner may be a leading clue to the solution of crime; its owner must often be apprehended as the first step toward punishment of one of the considerable list of offenses peculiar to the operation of motor vehicles; it constitutes an important item of taxable property. The private citizen is interested in its ownership to identify the proper defendant in his tort action; it is an obvious source of satisfaction of his claim against a debtor; or …

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Torts - Liability Of Landlord For Injury To Property Of Tenant's Customer, Arthur P. Boynton Mar 1939

Torts - Liability Of Landlord For Injury To Property Of Tenant's Customer, Arthur P. Boynton

Michigan Law Review

A customer of the tenant sued the landlord for damage, to fur coats left with the tenant in the normal course of his business, from water, due to a leaky condition of the roof of the building which was in the control of landlord. Held, that it was the duty of the landlord to exercise reasonable care to keep the roof in reasonable repair not only as regards the safety of persons in the building but also as respects property lawfully there; that this duty was not performed and the damage resulted therefrom. Whelkin Coat Co. v. Long Beach …

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Contracts - Third Party Beneficiary - Right Of Promisor To Set Off Claim Againt Promisee In A Suit By Beneficiary, Arthur A. Greene Jr. Mar 1939

Contracts - Third Party Beneficiary - Right Of Promisor To Set Off Claim Againt Promisee In A Suit By Beneficiary, Arthur A. Greene Jr.

Michigan Law Review

A and B mortgaged real estate to the plaintiff to secure their notes aggregating $9,000. Six months later A and B exchanged this property to the defendant for certain real estate owned by her. By the deed the defendant assumed the mortgage indebtedness owed to the plaintiff. As a further consideration for the exchange, A and B executed a note for $13,050 to the defendant. The plaintiff instituted this action against A and B, seeking to recover the balance, and by amended petition joined the defendant. The defendant claimed the right of set-off on the uncollected judgment against A …

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The Taxation Of Maryland Ground Rents, H. H. Walker Lewis Jan 1939

The Taxation Of Maryland Ground Rents, H. H. Walker Lewis

Maryland Law Review

No abstract provided.

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Implied Easements In Maryland - Lane V. Flautt Jan 1939

Implied Easements In Maryland - Lane V. Flautt

Maryland Law Review

No abstract provided.

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Manual Transfer Of Deed To Grantee On Parol Condition - Buchwald V. Buchwald Et Al. Jan 1939

Manual Transfer Of Deed To Grantee On Parol Condition - Buchwald V. Buchwald Et Al.

Maryland Law Review

No abstract provided.

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Deeds - Covenant Of Warranty Limited By Exceptions In Another Covenant, Seward R. Stroud Jan 1939

Deeds - Covenant Of Warranty Limited By Exceptions In Another Covenant, Seward R. Stroud

Michigan Law Review

A mortgaged land to B and thereafter executed a second mortgage on the same land to C. In the second mortgage, A covenanted that "they are seized of good and perfect title . . . in fee simple and that the title so conveyed is clear, free and unincumbered except . . . (the Hixton Bank mortgage) [mortgage to B] and that they will forever warrant and defend the same . . . against all claims whatsoever." The first mortgage to B was foreclosed, and B purchased at the foreclosure sale. B sold the land to A, …

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Re-Sale Price Maintenance, E. Garland Ray Jan 1939

Re-Sale Price Maintenance, E. Garland Ray

Kentucky Law Journal

No abstract provided.

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El Crédito Inmobiliario En El Derecho Comparado, Fernando Colomar Lluch Jan 1939

El Crédito Inmobiliario En El Derecho Comparado, Fernando Colomar Lluch

Mario Diaz Cruz Pamphlets

Publicado en la Revista del Colegio de Abogados de La Habana, Números 9 y 10 de Julio, Diciembre de 1939.

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Jurisdiction Over Lands Ownedy By The United States Within The State Of Washington: Part I, The Subject In General, John N. Rupp Jan 1939

Jurisdiction Over Lands Ownedy By The United States Within The State Of Washington: Part I, The Subject In General, John N. Rupp

Washington Law Review

Among the unique characteristics of our federal system of government is the concept of the dual sovereignty of the national and state governments over land, things, and persons located within the boundaries of the states. In addition to its position and rights as ultimate sovereign over all territory within its borders, the United States is also a corporate body politic and as such can make contracts, and can hold property, both real and personal. Under this power to own property in its own right the United States has become a great landed proprietor, owning many tracts of land within the …

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Contracts To Devise Real Property, Willard J. Wright Jan 1939

Contracts To Devise Real Property, Willard J. Wright

Washington Law Review

Contracts to devise real property are frequently entered into and are generally held to be a valid mode of transferring realty. Very properly the courts view such contracts with suspicion, especially when orally made. In order to prove the contract to devise real property some states require that it be in writing, otherwise it will be deemed void. But the majority of courts are not so strict and an oral contract if adequately proven is satisfactory. However, in proving oral contracts some states require that the contract be proven "independent of the performance" while other courts including Washington are more …

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Intereses De Hipoteca Y Costas, Juan Francisco Lage E Hidalgo Gato Jan 1939

Intereses De Hipoteca Y Costas, Juan Francisco Lage E Hidalgo Gato

Mario Diaz Cruz Pamphlets

No abstract provided.

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Bailments - Liability Of Parking Lot Owner For A Stolen Car, M. D. Blackwell Jan 1939

Bailments - Liability Of Parking Lot Owner For A Stolen Car, M. D. Blackwell

Michigan Law Review

Plaintiff parked her car at defendant's parking lot, paying the required fee and leaving the key in the car. The plaintiff testified that this was done at the attendant's request, and this testimony was not directly controverted. The attendant left the lot about midnight, and some time after that time the car was stolen. Held, that a bailment existed, and that the plaintiff had set up a prima facie case of liability on the part of the bailee for failing to exercise due care. Auto Ins. Co. v. Syndicate Parking Co., 58 Ohio App. 148, 16 N. E. …

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Fixtures - Uniform Conditional Sales Act - Interpretation Of The Word "Freehold", Robert E. Sipes Jan 1939

Fixtures - Uniform Conditional Sales Act - Interpretation Of The Word "Freehold", Robert E. Sipes

Michigan Law Review

Plaintiff installed elevators in an apartment house under construction. The elevators were covered by a conditional sale contract with the general contractor. Prior to the sale of the elevators the apartment house had been mortgaged. Upon the contractor's default in payment for the elevators, plaintiff asserted his right to remove the elevators as against the owner of the apartment and the mortgagee. Held, the elevators could be removed. Otis Elevator Co. v. Arey-Hauser Co., (D. C. Pa. 1938) 22 F. Supp. 4.

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Maryland Examines The Proposed Uniform Property Act, Herbert Myerberg Jan 1939

Maryland Examines The Proposed Uniform Property Act, Herbert Myerberg

Maryland Law Review

No abstract provided.

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Nebulous Injunction Decrees Against Noise-Nuisances - Meadowbrook Swimming Club V. Albert Jan 1939

Nebulous Injunction Decrees Against Noise-Nuisances - Meadowbrook Swimming Club V. Albert

Maryland Law Review

No abstract provided.

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Assessment Of Certain Classes Of Real Estate Under Depression Conditions, Robert C. Brown Jan 1939

Assessment Of Certain Classes Of Real Estate Under Depression Conditions, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

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Receiverships In Kentucky, W. Lewis Roberts Jan 1939

Receiverships In Kentucky, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

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The Examination Of Titles In Kentucky, Robert H. Winn Jan 1939

The Examination Of Titles In Kentucky, Robert H. Winn

Kentucky Law Journal

No abstract provided.

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Conveyances--Validity Of Parol Agreements As To Determinable Boundary Lines, Bettie Gilbert Jan 1939

Conveyances--Validity Of Parol Agreements As To Determinable Boundary Lines, Bettie Gilbert

Kentucky Law Journal

No abstract provided.

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Right Of Deficiency Judgment Where Mortgagee Purchasing At Foreclosure Sale Has Later Resold At A Profit, William Q. De Funiak Jan 1939

Right Of Deficiency Judgment Where Mortgagee Purchasing At Foreclosure Sale Has Later Resold At A Profit, William Q. De Funiak

Kentucky Law Journal

No abstract provided.

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Equitable Servitudes--Termination--Change In Neighborhood, Marvin Tincher Jan 1939

Equitable Servitudes--Termination--Change In Neighborhood, Marvin Tincher

Kentucky Law Journal

No abstract provided.

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Liens - Extent To Which Common-Law Artisan's Lien Has Been Supplanted By Statute, Arthur P. Boynton Dec 1938

Liens - Extent To Which Common-Law Artisan's Lien Has Been Supplanted By Statute, Arthur P. Boynton

Michigan Law Review

An artisan's lien is the right of a bailee, who by his labor, skill, or material adds value to the chattel of another at the request of the owner, directly or impliedly, to retain possession of the chattel until the reasonable value of his services has been paid. The right to this lien, which is a specific lien, is of common-law origin, and in the absence of anything inconsistent in the contract has long been extended to all artisans. This common-law artisan's lien, however, has been supplanted by statute in some respect in all but five states. In the other …

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Adverse Possession - Requirements For Obtaining Title To A Cave By Adverse Possession, Donald M. Swope Dec 1938

Adverse Possession - Requirements For Obtaining Title To A Cave By Adverse Possession, Donald M. Swope

Michigan Law Review

Plaintiff and defendant were owners of adjoining properties. On defendant's land was located the only opening to a cavern, which a remote grantor of defendant discovered in 1893. Since that time, defendant and its immediate and remote grantors have improved the cave for visitors, and conducted persons through it upon the payment of an admission price. With wide publicity, this has continued for almost fifty years. Plaintiff first visited the cave in 1895, paying an admission fee for the privilege, and has visited it several times since. A part of said cave extended under real estate owned by plaintiff, but …

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Adverse Possession - Severance Of Minerals And Surface - Adverse Possession As Affecting Title To The Minerals, John M. Ulman Dec 1938

Adverse Possession - Severance Of Minerals And Surface - Adverse Possession As Affecting Title To The Minerals, John M. Ulman

Michigan Law Review

The land in question was set aside by the state for school purposes. For some time prior to 1881 one Bailey had been in possession. At that time he and his children, to whom he had deeded parts of the land, conveyed the mineral interests to a grantee from whom plaintiff claims. At the time of the conveyance the evidence was insufficient to show title by adverse possession in Bailey. Bailey and his grantees, from whom defendant claims, remained in possession until this action was brought. The limitation ceased running against the state by an act of the legislature at …

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Vendor And Purchaser - Right Of Vendor's Assignee To Specific Performance Where Contract Calls For Warranty Deed, Daniel Hodgman Nov 1938

Vendor And Purchaser - Right Of Vendor's Assignee To Specific Performance Where Contract Calls For Warranty Deed, Daniel Hodgman

Michigan Law Review

Vendor, a corporation, contracted to convey real estate to the vendee "by good and sufficient warranty deed, free of all incumbrances" upon payment of the purchase price by the vendee. The vendor assigned the contract to X as trustee and then went into receivership and liquidation. A new corporation was organized and the real estate subject to the contract was conveyed to it by the old corporation (vendor). The contract was then assigned to the new corporation by X, the trustee. The vendee being in default, the new corporation as assignee of the vendor sued the vendee for specific …

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Enforcement Of Land Taxes In West Virginia, J. G. Mcc. Jun 1938

Enforcement Of Land Taxes In West Virginia, J. G. Mcc.

West Virginia Law Review

No abstract provided.

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Constitutional Law - Validity Of Mortgage Moratorium Act - Effect Of Lapse Of Time On "Emergency'' Legislation, Ralph Winkler Jun 1938

Constitutional Law - Validity Of Mortgage Moratorium Act - Effect Of Lapse Of Time On "Emergency'' Legislation, Ralph Winkler

Michigan Law Review

A mortgage moratorium law was enacted in Nebraska in 1933. It was re-enacted in 1935 and again in 1937. The act recited that an emergency existed and that the law was adopted to provide for this condition. The instant case involved the constitutionality of this law. A majority of the court held that the law violated the due process clause and the contracts clause of the state constitution. While the court admitted that "land values have not been restored to the prices they had attained prior to March 1, 1934," nevertheless, "It appears that there is no crisis now prevailing …

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Covenants - Effect Of Change Of Conditions On Equitable Restrictions, Dan K. Cook Jun 1938

Covenants - Effect Of Change Of Conditions On Equitable Restrictions, Dan K. Cook

Michigan Law Review

Plaintiff was a lot owner in a residential district consisting of twenty-three blocks. Each lot in the district was subject to a restriction, imposed by the grantor, which limited the use of the lots to residence purposes. Subsequent to the imposition of this restriction, numerous oil and gas wells had been drilled in the territory surrounding the district, so that the lots in the district had depreciated in value approximately thirty-five to fifty per cent. By ordinance, the use zoning area which included the district had been changed from a residence use to an oil and gas use. At the …

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