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Articles 7771 - 7800 of 8419

Full-Text Articles in Property Law and Real Estate

Easements-Implied Grant-Right Of Way-Discontinuous Jan 1936

Easements-Implied Grant-Right Of Way-Discontinuous

Michigan Law Review

Plaintiff's testator owned a tract of land on which there were two houses. In 1897 he sold one house, which came to the defendant by various mesne conveyances. Defendant's property was narrow, the sole means of access to the rear of the house being a driveway, wholly situated on the land retained, now owned by the plaintiff. From the time of its erection all occupants of defendant's dwelling had used the driveway as a means of hauling coal and wood to the rear of the house. Plaintiff sought to restrain this use and defendants claimed an implied easement, by grant, …

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Equity-Rescission For Fraud-Equitable Lien In Aid Of Restitution Jan 1936

Equity-Rescission For Fraud-Equitable Lien In Aid Of Restitution

Michigan Law Review

Defendant had an option to buy certain land at $95 per acre. He induced the plaintiff to take 100 acres at $300 per acre by fraudulently representing the land to be of the same value and quality as some he had previously sold her, and by concealing the existence of the option. Defendant used $20,000 of plaintiff's money to purchase and improve another tract of land as a homestead. Plaintiff seeks to have the contract of purchase rescinded and to secure a lien on the homestead. Held, conveyance of the 100 acre tract rescinded and title to it restored …

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Specific Performance-Failure Of Vendor's Title Jan 1936

Specific Performance-Failure Of Vendor's Title

Michigan Law Review

The defendant leased his ice plant to the plaintiff with an option to purchase at a certain price and to pay an additional $50 in ice at the market price for the "east 15 ft. of lot 4." The plaintiff exercised the option and performed all the conditions. The defendant failed to execute a deed to the "east 15 ft. of lot 4," claiming that he did not own it, although he had accepted part of the purchase price for the parceI not owned and it was necessary for the operation of the ice plant. In an action for specific …

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Subrogation-Rights Of Ward In Security For Debt Of Guardian Discharged By Diverted Fund Jan 1936

Subrogation-Rights Of Ward In Security For Debt Of Guardian Discharged By Diverted Fund

Michigan Law Review

S, guardian for some minor children, used $ 1200 of their money without order of court for the discharge of a mortgage on land belonging equally to himself and the wards. Plaintiff, obtaining a judgment against S, levied on his apparent half-interest in the land and purchased it at the execution sale for the balance due on the judgment. In partition proceedings the wards set up the unauthorized use of their money and claimed a lien for $600 on plaintiff's interest. Held, since the plaintiff gave no consideration except the satisfaction of an antecedent debt, it is …

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Future Interests-Rule Against Perpetuities-Application To Estate Created Under Power Of Appointment By Will Only Jan 1936

Future Interests-Rule Against Perpetuities-Application To Estate Created Under Power Of Appointment By Will Only

Michigan Law Review

The testator died in 1872 leaving to testatrix in trust certain property over which she was given a general power of appointment by will. The testatrix died in 1928 leaving this property in a trust which was found to violate the rule against perpetuities. In discussing this, the question was raised whether in testing the validity of the estate created by the power of appointment, the period of the rule is calculated from the time of the creation of the power of appointment or from the time of its exercise. Held, that the permissible period is to be measured …

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An Introduction To The Statute Of Uses, Wendell Carnahan Jan 1936

An Introduction To The Statute Of Uses, Wendell Carnahan

Kentucky Law Journal

No abstract provided.

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Gifts: Recovery Of Engagement Ring On Breaking Of Engagement To Marry, John A. Geyer Jan 1936

Gifts: Recovery Of Engagement Ring On Breaking Of Engagement To Marry, John A. Geyer

Kentucky Law Journal

No abstract provided.

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Deeds--Estoppel--Confirmation Of Married Woman's Conveyance Dec 1935

Deeds--Estoppel--Confirmation Of Married Woman's Conveyance

West Virginia Law Review

No abstract provided.

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Mines And Minerals--Effect Of Reservation Of Royalties From Leasehold As To Inclusion Of Same On Renewal Dec 1935

Mines And Minerals--Effect Of Reservation Of Royalties From Leasehold As To Inclusion Of Same On Renewal

West Virginia Law Review

No abstract provided.

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Oil And Gas Lease--Natures Of Lessee's Interest--Enforcement Of Lien Of Execution Dec 1935

Oil And Gas Lease--Natures Of Lessee's Interest--Enforcement Of Lien Of Execution

West Virginia Law Review

No abstract provided.

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Notice By Possession Of Real Property V. Record Title, Harvey B. Hartsock Dec 1935

Notice By Possession Of Real Property V. Record Title, Harvey B. Hartsock

Indiana Law Journal

No abstract provided.

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Deeds - Effectiveness Of Deeds Delivered With Blank For Name Of Grantee Nov 1935

Deeds - Effectiveness Of Deeds Delivered With Blank For Name Of Grantee

Michigan Law Review

In an action upon an oral contract to recover the purchase price of an equity in realty, it appeared that the plaintiff executed a deed with a blank left for the name of the grantee and delivered it to the defendant, whereupon the latter refused to make the promised payment, and suit was brought. The Statute of Frauds being interposed as a defense, on the theory that the contract, being oral, was unenforceable in the absence of a showing of part performance, it was held, that the delivery of the incomplete deed, giving the defendant implied authority to fill …

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Equity - Rescission Of Contract Induced By Fraud - Money Judgment As An Alternative To Specific Restitution Nov 1935

Equity - Rescission Of Contract Induced By Fraud - Money Judgment As An Alternative To Specific Restitution

Michigan Law Review

Plaintiff entered into an agreement for the exchange of interests in real estate with one of the defendants. After payment of part of the boot money agreed upon, the plaintiff defaulted and sued to have the agreement rescinded for fraud. The trial court rendered a money judgment for the amount at which the plaintiff's property had been taken on the trade. Held, that defendant's wife, to whom the property had been conveyed, should have been joined, and that the decree should be modified to order a reconveyance to the plaintiff. Bacon v. Fox, 267 Mich. 589, 255 N. …

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The Land Book Assessment Amendment--Enabling Legislation, William H. Waldron Jr. Jun 1935

The Land Book Assessment Amendment--Enabling Legislation, William H. Waldron Jr.

West Virginia Law Review

No abstract provided.

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Oil And Gas--Quasi Contractual Liability For Storage Of Gas Under Plaintiff's Land, Stephen Ailes Jun 1935

Oil And Gas--Quasi Contractual Liability For Storage Of Gas Under Plaintiff's Land, Stephen Ailes

West Virginia Law Review

No abstract provided.

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Recording - Operation Of The Recording Acts On Quitclaim Deeds May 1935

Recording - Operation Of The Recording Acts On Quitclaim Deeds

Michigan Law Review

A conveyed two specific lots in Harris County to B. Before that deed was recorded, and while the lots were still vacant, A conveyed several specific tracts of land to C and added a blanket clause of "all other lands and interest in lands belonging to A in Harris County"; C made a like conveyance to D; D conveyed the two specific lots in question to E by warranty deed; E conveyed the two lots to plaintiff by warranty deed sixteen years after the deed to C. All the deeds in the second chain of title were …

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Taxation - Assessment For Property Taxes May 1935

Taxation - Assessment For Property Taxes

Michigan Law Review

In 1926 the plaintiff purchased a lot with the building thereon for $41,000 and expended $ 10,000 in the improvement of the premises. In the same year the property was leased for a period of fifteen years under an agreement that the rent was to be $6,000 for the first five years, $8,000 for the second five, and $10,000 for the third. Plaintiff objected to the tax assessment of $68,660 for the years 1929, 1930, 1931, and 1932 on the grounds that the court based its valuation on (1) actual earnings instead of earning capacity, and on (2) gross, as …

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Eminent Domain --Valuation Of Leaseholds -- Apportionment Of Award Between Landlord And Tenant In Long-Term Lease May 1935

Eminent Domain --Valuation Of Leaseholds -- Apportionment Of Award Between Landlord And Tenant In Long-Term Lease

Michigan Law Review

The Michigan Supreme Court had before it last fall a very unusual case involving the apportionment of a condemnation award between landlord and tenant. Only a portion of the leasehold premises was condemned. The lease still had approximately eighty years to run; it had no market value due primarily to the depression; and it constituted the sole assets of the lessee. The lease contained a clause. providing for rent abatement in case part of the premises was condemned. The lessors insisted that the lessee must be content with this rent abatement and that they were entitled to the whole award. …

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Easements - Extinguishment By Adverse Possession Of Servient Owner - Character Of Acts Necessary May 1935

Easements - Extinguishment By Adverse Possession Of Servient Owner - Character Of Acts Necessary

Michigan Law Review

In I 902, Y, the owner of riparian land, granted to W, by deed then recorded, the flowage rights over such land. Some years later by general warranty deed containing no reference to the easement, the servient land was conveyed to L, from whom by similar successive conveyances it came to the plaintiff. In the interval the flowage rights had passed to the defendant, and in 1931 the latter erected a dam across the river and flooded the plaintiff's land. Thereupon the plaintiff brought this action for damages. The trial court held that, though all the owners …

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Oil And Gas--Construction Of Drill Of Pay Covenant For Further Development--Effect Of Payment Of Delay Rentals, Stephen Ailes Apr 1935

Oil And Gas--Construction Of Drill Of Pay Covenant For Further Development--Effect Of Payment Of Delay Rentals, Stephen Ailes

West Virginia Law Review

No abstract provided.

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Streets--Dedication By Record Plat--Conditions, Charles C. Wise Jr. Apr 1935

Streets--Dedication By Record Plat--Conditions, Charles C. Wise Jr.

West Virginia Law Review

No abstract provided.

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The Tort Liability Of Users Of Abandoned Property, James W. Johnston Apr 1935

The Tort Liability Of Users Of Abandoned Property, James W. Johnston

Washington Law Review

A question which from the standpoint of decisions is seemingly unique was raised in the case of Locke v. Pacific Telephone & Telegraph Co. et al, 78 Wash. Dec. 40, 33 Pac. (2d) 1077 (1934), concerning the liability of users of abandoned property The city of Seattle erected a pole in 1905 on a parking strip bordering one of its streets, for the purpose of carrying the wires of the city's light plant. In 1926 the city removed all of its wires from the pole, and shortly thereafter the defendant telephone company placed a single drop wire on the pole …

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Rights In Land - Lateral Support - Statute Increasing Common Law Rights And Duties - Constitutionality Mar 1935

Rights In Land - Lateral Support - Statute Increasing Common Law Rights And Duties - Constitutionality

Michigan Law Review

Plaintiff sued for damages to his building which collapsed during excavating operations on defendant's adjoining land. A Michigan statute makes it the duty of land owners excavating to a depth of 12 feet or more below grade level to furnish sufficient lateral support to protect adjacent land and structures thereon from injury "due to the removed material in its natural state, or due to the disturbance of other existing conditions caused by such excavation," and imposes liability for injuries due to failure to comply with the act. The excavation on defendant's land, reaching a depth of 14 feet below grade …

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Injury To Surface And Coal Of A Contiguous Tract Due To The Projection Of Force Resulting From Mining, John L. Detch Feb 1935

Injury To Surface And Coal Of A Contiguous Tract Due To The Projection Of Force Resulting From Mining, John L. Detch

West Virginia Law Review

No abstract provided.

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Chattel Mortgages--Recordation--Effect Of Failure To Index, Morris S. Funt Feb 1935

Chattel Mortgages--Recordation--Effect Of Failure To Index, Morris S. Funt

West Virginia Law Review

No abstract provided.

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Taxation--Assessment Of Undivided Interests--Land Book Assessment Amendment, William H. Waldron Jr. Feb 1935

Taxation--Assessment Of Undivided Interests--Land Book Assessment Amendment, William H. Waldron Jr.

West Virginia Law Review

No abstract provided.

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Mortgages - Priorities Between Mortgages And Mechanics' Liens, Robert S. Eastin Jan 1935

Mortgages - Priorities Between Mortgages And Mechanics' Liens, Robert S. Eastin

University of Missouri Bulletin Law Series

Since they are of statutory origin, mechanics' liens must be classified and treated upon a different basis than other common liens, which owe at least a large part of their existence to the rules of the common law and equity. The rules governing the priorities of such liens are in many respects similar to those followed with regard to mortgages and other contractual liens. However, for various reasons, the rules as to, the priorities given to mechanics liens are sufficiently different to bear separate study. It is the purpose of this note to inquire into the particular question of priorities …

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Doctrine Of Lis Pendens In Legal Actions Affecting Land, The, Gardner Smith Jan 1935

Doctrine Of Lis Pendens In Legal Actions Affecting Land, The, Gardner Smith

University of Missouri Bulletin Law Series

From conversations which the writer has had with various members of the Bar, including title attorneys, there seems to be a general belief that purchasers of land from a party to a pending suit affecting it, are not charged with constructive knowledge of such suit unless a notice of its pendency is filed in the office of the Recorder of Deeds, as provided by Section 3155, R. S. Mo. 1929. This, however, is not the case except as to the limited character of actions mentioned in this section. As will be pointed out, there are many types of real actions …

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Torts-Deceit-Oral Promise To Buy Land Jan 1935

Torts-Deceit-Oral Promise To Buy Land

Indiana Law Journal

No abstract provided.

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Constitutional Law--Eminent Domain-Public Use Jan 1935

Constitutional Law--Eminent Domain-Public Use

Indiana Law Journal

No abstract provided.

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