Property Law and Real Estate Commons^™

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).

The Minnesota Mortgage Moratorium Case, Joseph V. Heffernan

Indiana Law Journal

No abstract provided.

Future Interests - Federal Estate Tax - Admissibility Of Evidence Of Barrenness Of Devisee

Michigan Law Review

In an inquiry as to the value of an executory bequest to charitable institutions, conditioned on the death of the testator's daughter without issue surviving her, was evidence that at the time of the testator's death she had been rendered incapable of bearing children admissible for the purpose of determining the amount of a deduction from the federal estate tax? Held, that such evidence was admissible. United States v. Provident Trust Co., (U. S. 1934) 54 Sup. Ct. 389.

Torts - Negligence - Liability For Damages Accruing To Another By Act Done To Save One's Own Property

Michigan Law Review

Defendant was negligent in allowing a wooden barge to be loaded with crude oil without adequate fire protection. After the ship had been set afire by lightning, defendant had it cast adrift to save its wharf from destruction. The floating vessel later damaged plaintiff's property two miles distant. Held, defendant committed an actionable wrong. Swan-Finch Oil Corp. et al. v. Warner-Quinlan Co., (N. J. 1933) 167 Atl. 211.

Bankruptcy - Proof Of Claim For Loss Of Future Rents

Michigan Law Review

A covenant in a lease provided:

" . . . that the filing of any petition in bankruptcy or insolvency by or against the Lessee shall be deemed to constitute a breach of this lease, and thereupon, ipso facto and without entry or other action by the Lessor, this lease shall become and be terminated; and, . . . the Lessor shall forthwith upon such termination be entitled to recover damages for such breach in an amount equal to the amount of the rent reserved in this lease for the residue of the term hereof less the fair rental value …

Bankruptcy - Proof Of Claims For Unaccrued Rent

Michigan Law Review

In the very recent case of Manhattan Properties, Inc. v. Irving Trust Co., the Supreme Court for the first time authoritatively passed on the validity of a claim in bankruptcy by a lessor against the bankrupt estate for loss of future rents due after the filing of the petition. The Court, affirming the decision of the Circuit Court of Appeals, ruled that the landlord's claim was not provable. Mr. Justice Roberts, delivering the opinion of the Court, reviewed the long history of litigation on the subject and was impressed by the fact that although the great majority of the …

Highways - Underpass As Highway Use

Michigan Law Review

The defendant was the owner of a gravel pit, separated from his railway shipping facilities by a highway, the fee of a portion of which was owned by the plaintiff. A bill was filed to restrain the construction under the highway of a passageway between the railroad and the gravel pit, permission for which construction had been granted by the state highway commissioner. The bill was dismissed, and on appeal, held, by an evenly-divided court, that the judgment be affirmed. Grand Rapids Gravel Co. v. William J. Breen Gravel Co., 262 Mich. 365, 247 N. W. 902 (1933).

Mines And Minerals--Extent Of Implied Obligation Of Development In Oil And Gas Lease, John L. Detch

West Virginia Law Review

No abstract provided.

Mines And Minerals--Partial Cancellation Of Oil And Gas Lease, Morris S. Funt

West Virginia Law Review

No abstract provided.

Constitutional Law - Moratory Legislation

Michigan Law Review

A Minnesota statute, in view of the economic emergency, provided, among other things, that courts might, upon petition of a mortgagor, extend the period of redemption from mortgage foreclosure sales for a definite time not beyond May 1, 1935. If a court took such action, the mortgagor was to remain in possession of the premises and pay a reasonable rental to the mortgagee. Held, by the United States Supreme Court in a five-to-four decision, that this statute did not violate the contracts, or due process, or equal protection clauses of the Constitution. Home Building and Loan Association v. Blaisdell …

Nuisance-Undertaking Establishments

Indiana Law Journal

No abstract provided.

Contracts - Liability Of The Assignee Of A Land Contract - Reformation By Extrinsic Evidence

Michigan Law Review

Defendant Campbell assigned a contract to purchase land from the plaintiff to the defendant bank, the evidence being undisputed that the assignment was additional security for an existing indebtedness of Campbell. A printed form containing a promise by the assignee to pay the purchase price was used. The name of the assignee was left blank in order that the name of a prospective purchaser could be filled in if an anticipated sale materialized. In an action to foreclose the land contract the vendor asked for a deficiency judgment against the defendant bank. Held, that the vendor was not entitled …

Equity - Election Of Remedies - Proof Of Claim In Receivership

Michigan Law Review

Plaintiff sold certain chattels under a conditional sales agreement to a partnership which later went into receivership. The purchase price not having been paid, plaintiff filed a general claim with the receiver, which was allowed. Six months later, no dividend having been paid, plaintiff filed a petition to have the general claim withdrawn and a preferred one substituted, based on the title-retaining contract. The court held that by filing and allowance of the general claim plaintiff made a final election between inconsistent remedies which barred rescission and restitution of the specific property. The court held that the inexperience of plaintiff's …

Fixtures - Rights Of Conditional Vendors Against Mortgagees Of Realty

Michigan Law Review

Plaintiff sought to foreclose a mortgage with an after-acquired property clause on an industrial plant in which were installed various pieces of machinery sold by the defendant vendors under a conditional sale to the mortgagor after the execution of the realty mortgage. The machinery was so attached as to become fixtures and was evidently necessary to the continuance of the enterprise, but was removable without damage to the building as it stood before the machinery was installed. It was held that the conditional vendors could remove the machinery. People's Savings & Trust Co. v. Munsert, (Wis. 1933) 249 N. …

Some Effects Of The Aliend Land Act In Washington, Joseph J. Lanza

Washington Law Review

Legislation restricting the ownership of land by aliens in the State of Washington, has given rise to many interesting questions of law. The Supreme Court of the State, beginning with the Oregon Mortgage Co. v. Carstens case in 1896, and presently ending with the Ying v. Kay cases in 1933, has had manifold opportunities to answer a great portion of the perplexing problems that have arisen under the Alien Land laws. However, there remain many questions as yet undecided, and it is the purpose of this article to not only epitomize the conclusions already adjudicated, but also predict some probable …

Reservation Of Easements By Implication, Warren Gaillard

Kentucky Law Journal

No abstract provided.

Easements--The Doctrine Of Implied Grant On Quasi-Easements, H. W. Vincent

Kentucky Law Journal

No abstract provided.

Injuries To The Interests Of Landowners, Charles T. Mccormick

Kentucky Law Journal

No abstract provided.

Future Interests -Transferability Of Right Of Entry For Breach Of Condition

Michigan Law Review

Plaintiff's ancestor conveyed land to the city, on the express condition that the city should construct and forever maintain a "speedway" on the premises conveyed, reserving to himself, his heirs and assigns a right of entry for breach of the condition. Subsequently, before the condition was broken, he conveyed to a third party all his remaining land adjoining the Speedway, "together with all the right, title and interest of the party of the first part, in said Speedway." The breach of the condition having since admittedly occurred, the plaintiff, the heir of the original grantor, sought to assert the right …

Real Property--Extent Of Easement Acquired By Prescription, William Mellor

Kentucky Law Journal

No abstract provided.

Prohibition--Equitable Clean Hands Doctrine As A Ground For Denial Of The Writ, Paul D. Farr

West Virginia Law Review

No abstract provided.

Conveyances By Husband And Wife Under The Revised Code, Leo Carlin

West Virginia Law Review

The formalities of conveyances involving the property rights of husband and wife have been much simplified in the Revised Code. The simplification has resulted largely from fundamental changes made in property rights arising from the marital relationship, the general effect of which is to place the husband and the wife on a parity with reference to the rights of each in the other's property and to divest the husband of his former control over the wife's disposition of her property. In order to have a full realization of the formalities and complications which have been abandoned, and to differentiate therefrom …

Clogging The Equity Of Redemption, C. C. Williams Jr.

West Virginia Law Review

No abstract provided.

Mines And Minerals--Specific Performance--Effect Of Acceptance Of Delay Rental, William F. Wunschel

West Virginia Law Review

No abstract provided.

Nuisances--Injunctions--Pollution Of Stream By City--Balance Of Convenience, Charles W. Caldwell

West Virginia Law Review

No abstract provided.

The Right Of A Lessee To Discontinue The Payment Of Rentals When The Product Of A Gas Well Cannot Be Utilized Off The Premises, Robert T. Donley

West Virginia Law Review

No abstract provided.

Equity- Declaratory Judgment -Injunction To Protect Right In Easement

Michigan Law Review

Defendant owned a piece of land in a city block, and plaintiff owned an ad joining piece of land together with an easement for light and air upon a contiguous strip of defendant's land 4 feet wide and 90 feet long. Plaintiff's land alongside the strip was vacant, and he had no immediate intention of building thereon. Defendant erected an office building on his land, constructing an outside stairway on the 4 x 90 foot strip. Plaintiff asked for a mandatory injunction compelling defendant to remove the stairway, stating in his argument before the court that though he had no …

Fixtures - Fraud As Basis Of Implied Contract To Retain Status Of Personal Ty After Annexation

Michigan Law Review

S, owner of a farm upon which the defendant held a first mortgage, purchased from the plaintiff, a lumber dealer, building material for the definite purpose of constructing a substantial barn upon the farm. Plaintiff was induced to make the sale in reliance upon fraudulent representations made by S. After the barn was built the plaintiff discovered the fraud. He then brought suit to establish his right to remove the barn, contending that the fraud constituted an implied agreement that the building was to be personal property. Held that, under the circumstances, as a matter of law the …

Mortgages - Necessity Of Making A Lessee A Party To The Foreclosure Of A Prior Mortgage

Michigan Law Review

A mortgagee foreclosed by a bill in equity without making a lessee, under a lease executed subsequent to the mortgage, a party. In a suit by the purchaser at the foreclosure sale to recover rent from the lessee the court held that the foreclosure put an end to the term and the obligation to pay rent notwithstanding the fact that the lessee was not made a party to the foreclosure proceedings. Dolese v. Bellows-Claude Neon Co., 261 Mich. 57,245 N. W. 569 (1932).

Real Property--Transfer Of Surface Reserving Mineral Interests--Right To Subjacent Support, Bonn Brown

West Virginia Law Review

No abstract provided.