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Articles 7801 - 7830 of 8419
Full-Text Articles in Property Law and Real Estate
The Taxation Of Trust Property, Robert C. Brown
The Taxation Of Trust Property, Robert C. Brown
Articles by Maurer Faculty
No abstract provided.
Conflict Of Laws - Foreign Marriage - Dower
Conflict Of Laws - Foreign Marriage - Dower
Michigan Law Review
Plaintiff was divorced in the District of Columbia on the ground of her adultery with defendant's intestate. A statute of the District provided that the innocent party only may remarry. With no intention of evading the statute, plaintiff and defendant's intestate established a domicil in Florida and were there married. On the death of the latter in the District of Columbia, plaintiff claimed a dower interest in real estate located there. Held, plaintiff can recover. Loughran v. Loughran, 292 U. S. 216, 54 Sup. Ct. 684 (1934), reversing Loughran v. Loughran, (App. D. C. 1933) 66 F. …
Recording - Preservation Of Priority By Recording Within Statutory Period
Recording - Preservation Of Priority By Recording Within Statutory Period
Michigan Law Review
Plaintiff sued to foreclose a motor vehicle lien filed under the provisions of sections 8524-8528, Mason's Minn. Stat. (1927). Intervener interposed a claim as bona fide purchaser of the automobile before the lien was recorded. Plaintiff did record within the sixty day period fixed by the statute for that purpose. Held, the lien is superior to the title of intervener, even though latter bought the automobile without knowledge or notice, actual or constructive, of the lien. Pratt v. Armstrong et al. (Bud Johnson, Inc., Intervener), (Minn. 1934) 255 N. W. 91.
Vendor And Purchaser - Mortgaging Of Land By Vendor - Effect On Vendee's Duty To Continue Installment Payments
Michigan Law Review
Plaintiffs agreed in writing to purchase a tract of land from the defendant, the purchase price to be paid in stated installments or in full at any time at the option of the plaintiffs. Two days after the formation of the contract the defendant mortgaged the land, and about eight months later placed a second mortgage on it. Plaintiffs denied having any knowledge of the mortgages until attempts were made to foreclose them. Previous to this, however, they had defaulted in their payments. In an action in general assumpsit to recover the amount of the installments paid it was held …
Specific Performance Of Contracts To Convey Real Estate, Robert Bird, William E. Fanning
Specific Performance Of Contracts To Convey Real Estate, Robert Bird, William E. Fanning
Kentucky Law Journal
No abstract provided.
The Taxation Of Trust Property, Robert C. Brown
The Taxation Of Trust Property, Robert C. Brown
Kentucky Law Journal
No abstract provided.
Equitable Conversion As Affecting Purchaser's Rights To Vendor's Insurance Policy, Harry I. Stegmaier
Equitable Conversion As Affecting Purchaser's Rights To Vendor's Insurance Policy, Harry I. Stegmaier
Kentucky Law Journal
No abstract provided.
Equity--Executory Contract For The Sale Of Real Estate--Risk Of Loss, Robert Edwin Hatton Jr.
Equity--Executory Contract For The Sale Of Real Estate--Risk Of Loss, Robert Edwin Hatton Jr.
Kentucky Law Journal
No abstract provided.
Oil And Gas--Damages For Wrongful Geophysical Exploration, Stephen Ailes
Oil And Gas--Damages For Wrongful Geophysical Exploration, Stephen Ailes
West Virginia Law Review
No abstract provided.
Vendor And Purchaser--Rescission Of Contract--Tender Of Possession, Houston A. Smith
Vendor And Purchaser--Rescission Of Contract--Tender Of Possession, Houston A. Smith
West Virginia Law Review
No abstract provided.
Duty Of A Landlord To Third Persons Outside The Premises, Orville K. Algyer
Duty Of A Landlord To Third Persons Outside The Premises, Orville K. Algyer
Washington Law Review
The recent case of Munger v. Unon Savings & Loan Assn., presents a phase of the rather interesting question, under what factual circumstances will the courts find that the landlord after having leased his premises will continue to be held responsible for the general duties of an occupant in relation to third persons who are injured outside the premises, at a place where such persons have a right to be, by a defective condition or nuisance existing on the premises demised. In tbis case D, occupying a four-story building adjoining a public street, rented the third and fourth floors of …
Municipal Corporations - Immunity Of City From Tort Liability - Attractive Nuisance
Municipal Corporations - Immunity Of City From Tort Liability - Attractive Nuisance
Michigan Law Review
The minor plaintiff, a child of eleven, was injured when she fell from a swing in a playground maintained by the defendant, and struck a jagged stone which protruded from the surface of the earth about eight feet beyond the base of the swing. She and her parents joined as plaintiffs in this suit, alleging that the defendant was negligent in failing to keep the ground around the swing in a reasonably safe condition and free from dangerous objects upon which a child might fall. Held, the defendant is liable for its failure to keep the earth around the …
The Indiana Law Of Future Interests, Descent And Wills, By Bernard C. Gavit, Glenn D. Peters
The Indiana Law Of Future Interests, Descent And Wills, By Bernard C. Gavit, Glenn D. Peters
Indiana Law Journal
No abstract provided.
The Vendee's Lien- On Land And Chattels
The Vendee's Lien- On Land And Chattels
Michigan Law Review
The vendee's lien is now firmly established as an equitable device to insure full restitution to the purchaser of land on his rescission for the vendor's fraud or default. It first appeared in a dictum in an early English case where it was suggested as a possible analogy to the implied vendor's lien for the purchase money. But it was 1855 before the question was presented squarely to an English court of record, and 1860 when the House of Lords definitely approved it. Long before this, however, courts of equity in the United States had begun to μse this device …
Trusts - Change Of Circumstances As Basis For Variation Of Trust Instrument
Trusts - Change Of Circumstances As Basis For Variation Of Trust Instrument
Michigan Law Review
The testator left his estate to trustees with directions to pay the income to his widow and three sons in equal shares, the principal to vest in the sons upon his widow's marriage or death. The widow in addition was given the use of the family homestead or the use of a new home not to exceed the price of $25,000. The homestead, valued at $200,000, became undesirable for residential purposes due to the growth of the business center of the city. The widow petitioned the court to direct the trustees to pay her $15,000 a year from the trust …
Developments In The Doctrine Of Carper V. United Fuel Gas Company, Trixy M. Peters
Developments In The Doctrine Of Carper V. United Fuel Gas Company, Trixy M. Peters
West Virginia Law Review
No abstract provided.
Landlord And Tenant--Nature Of Hold-Over Tenancy--Right Of Distress As Against Intervening Chattel Mortgage, Morris F. Funt
Landlord And Tenant--Nature Of Hold-Over Tenancy--Right Of Distress As Against Intervening Chattel Mortgage, Morris F. Funt
West Virginia Law Review
No abstract provided.
Mines And Minerals--Conveyancing Of Coal By Sale Or Lease, John L. Detch
Mines And Minerals--Conveyancing Of Coal By Sale Or Lease, John L. Detch
West Virginia Law Review
No abstract provided.
Priority Between Morgagee And Creditor Of Mortgagor In An Unrecorded Chattle Mortgage, Gordon H. Sweany
Priority Between Morgagee And Creditor Of Mortgagor In An Unrecorded Chattle Mortgage, Gordon H. Sweany
Washington Law Review
The interpretation of this statute by the Washington Supreme Court has not always been uniform or certain. In determining the priority of the respective claims of a mortgagee under a defective mortgage and of a creditor of the mortgagor, several questions may be raised which can not be answered with certainty as the law stands today.
Party Walls-What Constitutes A Use-Use By Lessee Of Non Builder
Party Walls-What Constitutes A Use-Use By Lessee Of Non Builder
Indiana Law Journal
No abstract provided.
Stare Decisis -The Retroactive Effect Of An Overruling Decision
Stare Decisis -The Retroactive Effect Of An Overruling Decision
Michigan Law Review
In 1923 the Supreme Court of Michigan ruled, in Kavanaugh v. Rabior, that property lying between the meander line and the waterline of the Great Lakes belonged to the State. The defendant, after this decision and upon the advice of the State Conservation Department, refused to pay rent to the plaintiff, the littoral proprietor. In 1930 the court, overruling the Kavanaugh case, held, in Hilt v. Weber, that such property belonged to the littoral proprietor. On the basis of this decision the plaintiff brought suit for use and occupation. Held, in the principal case, that the overruling …
Contracts - Consideration - Agreement To Reduce Rent Reserved In Lease
Contracts - Consideration - Agreement To Reduce Rent Reserved In Lease
Michigan Law Review
Plaintiff sued defendants, who were trustees of a business trust, to enforce personal liability upon them for accrued rent due under a lease. When the lessee company, which was losing money because of the depression, threatened to vacate the premises, the plaintiff acquiesced in the lessee's demand that the rent be reduced for the balance of the term. Plaintiff sought to recover the amount due under the lease, claiming that the agreement for reduction was without consideration and therefore a nullity. Held, that in view of plaintiff's knowledge of the lessee's financial condition, the latter's agreeing to remain in …
Mines And Minerals--Fraudulent Drainage By Oil And Gas Lessee--Estimate Of Damages, Richard F. Currence
Mines And Minerals--Fraudulent Drainage By Oil And Gas Lessee--Estimate Of Damages, Richard F. Currence
West Virginia Law Review
No abstract provided.
The Rule Of Swift V. Tyson In Mineral Law, Stanley E. Dadisman
The Rule Of Swift V. Tyson In Mineral Law, Stanley E. Dadisman
West Virginia Law Review
No abstract provided.
Tenants In Common--Accounting For Delay Rentals--Ratification After Surrender Of Lease, Edward S. Bock Jr.
Tenants In Common--Accounting For Delay Rentals--Ratification After Surrender Of Lease, Edward S. Bock Jr.
West Virginia Law Review
No abstract provided.
Specific Performance--Foreclosure Of Land-Purchase Contract--Where Time Is Of The Essence, Robert W. Burk
Specific Performance--Foreclosure Of Land-Purchase Contract--Where Time Is Of The Essence, Robert W. Burk
West Virginia Law Review
No abstract provided.
Mortgage Moratoria Legislation—Deficiency Judgments, Muriel A. Mawer
Mortgage Moratoria Legislation—Deficiency Judgments, Muriel A. Mawer
Washington Law Review
In every serious financial period in the history of this country, there has been a legislative recognition of the imperative need for reliefs for the debtor class. Roughly, the relief afforded can be placed in four classifications.
Effect Upon A Lease Of A Real Estate Mortgage Foreclosure, George V. Powell
Effect Upon A Lease Of A Real Estate Mortgage Foreclosure, George V. Powell
Washington Law Review
This discussion will be confined to those jurisdictions adopting the lien theory of mortgages. Many of the questions involved are regulated wholly or partly by statute, so there will be no attempt to make a critical comparison of the rules in the various states. To determine what rule will be followed in any particular state, its statutes should be compared with those existing in the states in which decisions have been reported.
Taxation--Constitutional Law--Due Process Of Law As Prescribing Maximum Limits For Direct Property Taxes, Charles W. Caldwell
Taxation--Constitutional Law--Due Process Of Law As Prescribing Maximum Limits For Direct Property Taxes, Charles W. Caldwell
West Virginia Law Review
No abstract provided.
Landlord And Tenant - Liability Of A Mortgagee In Possession Of Mortgaged Leasehold For Rent
Landlord And Tenant - Liability Of A Mortgagee In Possession Of Mortgaged Leasehold For Rent
Michigan Law Review
On default of payments under a mortgage of a leasehold, the mortgagor and mortgagee agreed that the latter was to go into possession of the premises and manage them with a view to meeting the requirements of the mortgage. The mortgagor also executed a warranty deed of the premises to the mortgagee. On default of rent payments the landlord sued the mortgagee. Held, the defendant mortgagee was in possession merely as agent of the mortgagor and as such was not liable for the rent. Cleveland v. Detroit Trust Co., 264 Mich. 253, 249 N. W. 842 (1933).