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Articles 7741 - 7770 of 8419

Full-Text Articles in Property Law and Real Estate

The Origin And Bases Of The Doctrine Of Equitable Conversion, Andrew Clark Jan 1937

The Origin And Bases Of The Doctrine Of Equitable Conversion, Andrew Clark

Kentucky Law Journal

No abstract provided.


Power Of Appointment--Appointed Property As Assets Of The Donee, Charlie Tignor Jan 1937

Power Of Appointment--Appointed Property As Assets Of The Donee, Charlie Tignor

Kentucky Law Journal

No abstract provided.


Statutory Regulation Of Spite Fences In American Jurisdictions, Joseph S. Freeland Jan 1937

Statutory Regulation Of Spite Fences In American Jurisdictions, Joseph S. Freeland

Kentucky Law Journal

No abstract provided.


Terminology Of The Court Of Appeals Of Kentucky In Regard To Certain Interests In Realty, C. D. Carpenter Jan 1937

Terminology Of The Court Of Appeals Of Kentucky In Regard To Certain Interests In Realty, C. D. Carpenter

Kentucky Law Journal

No abstract provided.


Equitable Conversion By Contract, R. T. Miller Jan 1937

Equitable Conversion By Contract, R. T. Miller

Kentucky Law Journal

No abstract provided.


Injunction Against Continued Trespasses, G. G. B. Dec 1936

Injunction Against Continued Trespasses, G. G. B.

West Virginia Law Review

No abstract provided.


Election Of Remedies - Deficiency Decree As Bar To Subsequent Suit On Debt, Donald H. Larmee Dec 1936

Election Of Remedies - Deficiency Decree As Bar To Subsequent Suit On Debt, Donald H. Larmee

Michigan Law Review

After foreclosure in Florida of a purchase money mortgage on Florida land, the mortgagee filed a claim for the deficiency against the estate of one of the co-mortgagors, who was a permanent resident of Michigan, and who had been served only by publication in the foreclosure suit. In the foreclosure proceedings the mortgagee had prayed for a deficiency decree, and the Florida court had retained jurisdiction for that purpose, after ordering the sale. The mortgagee had taken no further steps in that proceeding. Held, the Florida law was controlling, and that by Florida statutes, as construed by the courts …


Taxation - Exemptions - Municipally-Owned Property Nov 1936

Taxation - Exemptions - Municipally-Owned Property

Michigan Law Review

In settlement for collateral notes given to secure its deposits in a bank which became insolvent, a municipality had conveyed to it an office building, located in a county other than the one in which said municipality was situated. The city thereafter rented the offices to tenants operating private businesses. The county in which the building was located subjected it to an ad valorem tax. Contesting the right to its collection, the city failed to pay the assessed taxes, for a period of four years. Held, the property, although municipally-owned, not being held or used for any governmental or …


Constitutional Law - Race Segregation Ordinance - Effect Of Military Order Of Governor Issued For Same Purpose Nov 1936

Constitutional Law - Race Segregation Ordinance - Effect Of Military Order Of Governor Issued For Same Purpose

Michigan Law Review

A "segregation ordinance" of Oklahoma City, prospective in nature, made it unlawful for any negro to occupy as a residence any house or building located in a block wherein a majority of the buildings used were occupied by white persons. The initial step in the segregation of races in the city occurred when the Governor issued a military order for the separation of the races, because it appeared that riot and bloodshed were imminent; such order to remain in effect until an ordinance was passed in lieu of the order. Held, the ordinance was an invalid exercise of the …


Eminent Domain - Slum Clearance And Low-Cost Housing Program As Public Use Nov 1936

Eminent Domain - Slum Clearance And Low-Cost Housing Program As Public Use

Michigan Law Review

A New York statute set up a public corporation with power to investigate and study housing conditions in the city, and to plan and carry out projects for the clearance of slums and the providing of housing accommodations for persons of low income. The corporation sought to condemn certain property owned by the defendant, who resisted the proceeding on the ground that the taking was not for a public use and therefore violative of the Fourteenth Amendment and a similar provision in the state constitution. Held, that the taking was for a public benefit and that therefore the constitutional …


Constitutional Law--Impairing Obligation Of Contracts--Statute Of Limitations On Enforcement Of Lien Of Trust Deed Jun 1936

Constitutional Law--Impairing Obligation Of Contracts--Statute Of Limitations On Enforcement Of Lien Of Trust Deed

West Virginia Law Review

No abstract provided.


Future Interests-Remainder To A Class As A Vested Remainder Jun 1936

Future Interests-Remainder To A Class As A Vested Remainder

Michigan Law Review

Testator left to his daughter certain real estate "as her sole and separate property during her natural life and at her death to her children absolutely." One of the children mortgaged his interest in the remainder to plaintiff and died, the life tenant surviving him; and thereafter the plaintiff brought suit for foreclosure. Held, this was a remainder to uncertain persons which did not vest in anyone during the life of the life tenant; and therefore the mortgage was a nullity. Deener v. Watkins, 191 Ark. 776, 87 S. W. (2d) 994 (1935).


Constructive Trusts--Survivorship In Joint Tenancy--Right Of Murderer To Recover Entire Fund Of Deceased Apr 1936

Constructive Trusts--Survivorship In Joint Tenancy--Right Of Murderer To Recover Entire Fund Of Deceased

West Virginia Law Review

No abstract provided.


Easements--Way Of Necessity Where Other Mode Of Access Apr 1936

Easements--Way Of Necessity Where Other Mode Of Access

West Virginia Law Review

No abstract provided.


Real Property--Rule Of Caveat Emptor--Quasi-Contractual Liability Of Vendor For Failure Of Title In Deed Without Warranties Apr 1936

Real Property--Rule Of Caveat Emptor--Quasi-Contractual Liability Of Vendor For Failure Of Title In Deed Without Warranties

West Virginia Law Review

No abstract provided.


Simes On Future Interests, Charles C. White Apr 1936

Simes On Future Interests, Charles C. White

Michigan Law Review

It is encouraging that the law teachers are turning their talents to the writing of treatises. Recent examples are Professor Bogert's monumental work on Trusts and Professor Griswold's volume on Spendthrift Trusts. And now comes this comprehensive work on Future Interests, about which little has heretofore been written with an especial appeal to the average practitioner. Too much of the law teacher's energy has. gone into editing case books and writing law review articles. And case books and law review articles are not read by lawyers in general.


Oil And Gas--Construction Of "Forfeiture Clause" In Unless Lease--Necessity Of Notice For Termination Of Lease Feb 1936

Oil And Gas--Construction Of "Forfeiture Clause" In Unless Lease--Necessity Of Notice For Termination Of Lease

West Virginia Law Review

No abstract provided.


Specific Performance--Damages--Action At Law By Vendor Of Land For The Full Purchase Price Feb 1936

Specific Performance--Damages--Action At Law By Vendor Of Land For The Full Purchase Price

Michigan Law Review

In an action at law by a vendor of land for breach of contract by the purchaser, the title not having passed, the traditional measure of damages is the difference between the contract price and the value of the land at the time the vendor's conveyance was due. But where a conveyance is not yet due from the vendor a majority of jurisdictions allow recovery of all but the last installment of the purchase money, on the ground that in that case the promise to pay is independent of the vendor's promise to convey. Even where a conveyance is due …


Quasi Contracts-Liability Of Landowner For Repairs Furnished Without Request Feb 1936

Quasi Contracts-Liability Of Landowner For Repairs Furnished Without Request

Michigan Law Review

Plaintiff furnished labor and materials for repairs to a farm house owned by defendant. The work was done without the knowledge of defendant at the request of defendant's brother who was occupying the place at the time and who had formerly been the owner. Plaintiff sued to foreclose a materialman's lien, but the lien was disallowed because not filed in time. It was held, nevertheless, that even though plaintiff was unable to prove either a contract with defendant or an agency relationship between defendant and his brother, plaintiff could still recover the reasonable value of the benefits furnished to …


Adjoining Landowners-Injury From Mining Operations-Right To Prospective Damages Jan 1936

Adjoining Landowners-Injury From Mining Operations-Right To Prospective Damages

Michigan Law Review

Defendant corporation was conducting its mining operations some distance from plaintiff's land. Plaintiff brought this action to recover for injury to his residence caused by subsidence. The judgment in the trial court represented both actual and prospective damages. On appeal it was held that plaintiff may recover only the cost of repairs. O'Donnell v. Oliver Iron Mining Co., 273 Mich. 27,262 N. W. 728 (1935).


Eminent Domain-Validity Of State Statute Jan 1936

Eminent Domain-Validity Of State Statute

Michigan Law Review

As upon certiorari, the New Mexico Supreme Court considered the question, whether it is "within legislative competence to declare a public use in the industry of coal mining, so as to permit taking private property in aid of it." Plaintiff had obtained a judgment of condemnation, and defendant attacked it as offensive to the New Mexico constitutional provision: "Private property shall not be taken or damaged for public use without just compensation." The opinion recognized the existence of an "orthodox" and a "liberal" doctrine of construing "public use." While the court found that, unlike Nevada's or Utah's, New Mexico's well-being …


Future Interests-Implication Of Condition Subsequent In Conveyance In Consideration Of Support-Equitable Aid To Owner Of Right Of Entry Jan 1936

Future Interests-Implication Of Condition Subsequent In Conveyance In Consideration Of Support-Equitable Aid To Owner Of Right Of Entry

Michigan Law Review

Plaintiff, guardian for one Toft, sues to quiet title to land conveyed by Toft to defendant on May 14, 1931, without solicitation or suggestion on defendant's part. Toft at the time was 74 years old. The deed reserved a life estate in Toft, and provided that the grantee was to take care of the grantor during his lifetime. This was all of the grantor's property except about $500. Defendant left after a quarrel on July 5, 1931, but returned a week later and stayed until January 18, 1932, when Toft threatened her life, and she left and has never returned. …


Bailments--Gross Negligence And The Liability Of A Gratuitous Bailee, John A. Evans Jan 1936

Bailments--Gross Negligence And The Liability Of A Gratuitous Bailee, John A. Evans

Kentucky Law Journal

No abstract provided.


Foreclosure Receiverships In Kentucky, Martin R. Glenn Jan 1936

Foreclosure Receiverships In Kentucky, Martin R. Glenn

Kentucky Law Journal

No abstract provided.


Asunto Cubano Reparto De Tierras Ociosas: Estudio Agro-Social, Pablo Llaguno Y De Cárdenas Jan 1936

Asunto Cubano Reparto De Tierras Ociosas: Estudio Agro-Social, Pablo Llaguno Y De Cárdenas

Mario Diaz Cruz Pamphlets

No abstract provided.


The Taxation Of Real Estate Subject To Mortgage And Other Incumbrances, Robert C. Brown Jan 1936

The Taxation Of Real Estate Subject To Mortgage And Other Incumbrances, Robert C. Brown

Articles by Maurer Faculty

The purpose of this paper is to examine the method of taxing real estate which is affected by incumbrances-either physical or legal. In particular, it is desired to consider the situation where the incumbrance is a mortgage or otherwise purely for security. And particular consideration is to be given to the propriety of taxing as real estate the interest of a non-resident mortgagee or similar incumbrancer in land within the jurisdiction.


Assignments -Validity Of Gratuitous Written Assignment Jan 1936

Assignments -Validity Of Gratuitous Written Assignment

Michigan Law Review

Deceased took defendant, his son, to a notary and there made and acknowledged written assignments of three mortgages he owned. He handed these assignments to defendant, saying "I give you these. Put them in the safety-deposit box." Defendant went away with the assignments which reappear only after the father's death; they were found in an envelope, marked with defendant's name in deceased's hand, in a safety-deposit box owned jointly by deceased and defendant. Deceased always retained possession and enjoyment of the actual mortgage instruments. Plaintiff, another son, claims these mortgages should be part of deceased's estate. The court held that …


Fixtures - Effect Of Forfeiture Of Lease On Rights Of Conditional Vendor Who Sold Chattels To Lessee Under Title Retention Agreement Jan 1936

Fixtures - Effect Of Forfeiture Of Lease On Rights Of Conditional Vendor Who Sold Chattels To Lessee Under Title Retention Agreement

Michigan Law Review

L executed a ninety-nine year lease of certain Chicago real estate to T, who agreed to erect thereon, as security for the payment of rent, a building of a certain description and to keep the premises free and clear of all liens arising from the construction of the building. The lease was recorded, and the building was erected with funds procured by the sale of bonds secured by a trust mortgage of the leasehold to E. When completed the building contained, as required by city ordinance, an automatic water sprinkling system, purchased by T from V under a …


Landlord And Tenant-Liability Of Lessee For Breach Of Contract- Measure Of Damages Jan 1936

Landlord And Tenant-Liability Of Lessee For Breach Of Contract- Measure Of Damages

Michigan Law Review

Defendant, lessee under a contract providing for payment of rents monthly in advance, moved out before expiration of the term and gave notice of refusal to comply further with the terms of the lease. Plaintiff, lessor, elected to treat the failure to pay the installment then due as a present breach of the contract and sued for damages. Defendant claimed that the contract had become unilateral after plaintiff's performance in conveying the leasehold which would give grounds for an anticipatory breach which defendant claimed was the theory of plaintiff's action. On defendant's demurrer to the complaint, it was held that …


Municipal Corporations-Regulation Of Gas Stations-Delegation To Property Owners Of Power To Modify Zoning Restrictions Jan 1936

Municipal Corporations-Regulation Of Gas Stations-Delegation To Property Owners Of Power To Modify Zoning Restrictions

Michigan Law Review

A city ordinance prohibited the installation of gasoline filling stations within the city except after obtaining the written consent of 51 per cent of the property owners within a radius of six hundred feet from the site. Relator, without obtaining the required consent, asked for a writ of mandamus, which was refused. The court held the regulation not arbitrary but substantially relating to the public safety and welfare, and not a delegation of legislative powers. State ex rel. Standard Oil Co. v. Combs, 129 Ohio St. 251, 194 N. E. 875 (1935).