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Articles 7861 - 7890 of 8420
Full-Text Articles in Property Law and Real Estate
Mortgages - Assignment Of Rents And Profits - Michigan Statute
Mortgages - Assignment Of Rents And Profits - Michigan Statute
Michigan Law Review
There may be times when legislative action is so obviously dependent upon contemporary circumstances, or when its roots lie so near the chronological surface, that no study of background is possible or necessary. Such is not the case, however, with anything relating to mortgage law; it is too deeply imbedded in our legal system. And though its history be familiar it is felt that a brief review will not be out of place in considering a comparatively recent Michigan statute authorizing the assignment of rents and profits.
Pleadings-Construction-Plaintiff Must Allege Compliance With Statute
Pleadings-Construction-Plaintiff Must Allege Compliance With Statute
Indiana Law Journal
No abstract provided.
Caveat, Robert T. Donely
Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches
Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches
Michigan Law Review
May the littoral owner whose summer cottage abuts on one of the Great Lakes bring actions of trespass quare clausum against pedestrians who traverse the sand beach which lies at the aquatic terminus of his property? To state the same problem in different form, may he build a lateral line fence designed to exclude the public from that segment of the lake-side beach which he claims as his? The question has never been directly decided by the supreme court of any State, yet it is a source of constant strife between littoral owners who desire privacy and seclusion, and strolling …
The Modern Corporation And Private Property, By Adolf A. Berle Jr. And Gardiner C. Means, Daniel James
The Modern Corporation And Private Property, By Adolf A. Berle Jr. And Gardiner C. Means, Daniel James
Indiana Law Journal
No abstract provided.
Easements - Creation By Implied Grant-Land Conveyed For A Specific Purpose
Easements - Creation By Implied Grant-Land Conveyed For A Specific Purpose
Michigan Law Review
The defendant owned property next to a lake which he subdivided into residential lots for the purpose of establishing a summer resort colony. In 1924 he sold one of the lots some distance back from the lake to the plaintiff, and during the negotiations for such sale it was represented that all the lots which bordered on the lake, both in front of and on both sides of the plaintiff's lot, would be improved as a park, that no buildings would be put upon them, and that the plaintiff would have a quiet summer home with an unobstructed view of …
Vendor -Purchaser-Prospective Inability Of Vendor To Convey
Vendor -Purchaser-Prospective Inability Of Vendor To Convey
Michigan Law Review
In a contract for the sale of sixty-three lots of a subdivision, the defendant agreed to take the purchase money by installments extending over a period of eighteen months, and promised to convey the premises free from encumbrances when twenty-five per cent of the sale price was paid. While the plaintiff was not in default the defendant mortgaged the entire subdivision to one who was not charged with notice, to secure the payment of bonds some of which did not mature for five years. Stipulations m the mortgage allowed the release of any lot on deposit with the mortgagee of …
Taxation - Priority Of Realty Taxes In Receivership
Taxation - Priority Of Realty Taxes In Receivership
Michigan Law Review
The question of the priority of realty taxes has seldom arisen in receiverships, for the statutes in practically every jurisdiction have made the tax a lien on the land. The statutes are so worded that the tax lien takes precedence over mortgages, labor liens, and all other forms of encumbrances and claims. In times of greatly depleted land values it may happen that the unpaid taxes amount to more than the market value of the property. In such a case is the State to be treated as a general creditor for the amount of the deficiency or is it to …
Life Estates - Oil And Gas -Effect Of Lease By Life Tenant
Life Estates - Oil And Gas -Effect Of Lease By Life Tenant
Michigan Law Review
The plaintiff, a remainderman, granted an "oil and gas lease to X, subject to the rights of the tenant by curtesy, Anderson. Anderson, seven years later, granted an "oil and gas lease" in the same premises to Y. Eventually both leases were acquired by the defendant who entered upon the land and drilled for oil. Anderson contended that he was entitled not only to the royalty stipulated in the lease made by him, but also to receive for his lifetime the income from the proceeds of the sale of the royalty for which the remainderman stipulated. The defendant …
Real Property-Tenancy In Common-Life Interest-Judicial Sale-Partition
Real Property-Tenancy In Common-Life Interest-Judicial Sale-Partition
Indiana Law Journal
No abstract provided.
Finders -Lost Article In Taxicab
Finders -Lost Article In Taxicab
Michigan Law Review
X and Y, government agents, were taking A and B, bribery suspects, to the station in a taxicab. X thought he saw A drop something on the floor. When the cab reached its destination X picked up, from under the collapsible seat, a roll of bills, the ownership of which A denied. The bills were subsequently used in evidence against A and B. Petitioner, the driver of the cab, now claims the money on the ground that it was found on the floor of his cab and the real owner had not appeared. Held, petition dismissed because …
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Michigan Law Review
County officials forcibly ejected plaintiff from five acres of his land, harvested and used plaintiff's oat crop thereon, and converted the land into a road. Held, that although a county, being an agency of the State, is not liable in tort in the absence of statute, the tort may be waived and recovery allowed on the implied promise to pay for the taking of private property for public use without just compensation. Kerns v. Couch, (Or. 1932) 12 Pac. (2d) 1011.
Real Property-Conditions Subsequent In Deeds
Real Property-Conditions Subsequent In Deeds
Indiana Law Journal
No abstract provided.
Assignment And Sublease, Leon H. Wallace
Contracts - Champerty
Michigan Law Review
Plaintiff leased her lands to defendant under a void oil and gas lease. One Johnston induced plaintiff to enter into a contract with him whereby Johnston agreed to pay the costs of a bill to cancel the lease in return for a new lease to himself should the bill be successful. Accordingly, this suit was brought to cancel the lease. The court, agreeing that the existing lease was void, nevertheless dismissed the bill on the ground that the contract between Johnston and plaintiff was void as against public policy, and that plaintiff had no standing in equity. Of the eight …
Specific Performance--Forcing Release Of Inchoate Dower Under Statutory Scheme, Kingsley R. Smith
Specific Performance--Forcing Release Of Inchoate Dower Under Statutory Scheme, Kingsley R. Smith
West Virginia Law Review
No abstract provided.
Constitutional Law--Tax-Exemption Of Realty Purchase With War Insurance Payments, Jack C. Burdett
Constitutional Law--Tax-Exemption Of Realty Purchase With War Insurance Payments, Jack C. Burdett
West Virginia Law Review
No abstract provided.
Mortgagability Of Rents, Profits, Appointment Of Receivers, J. C. Pearl
Mortgagability Of Rents, Profits, Appointment Of Receivers, J. C. Pearl
Washington Law Review
The prevailing view, and the one which has always been adopted in Washington, is that a mortgage upon realty creates merely a lien thereon and does not pass title thereto, either before or after condition broken, Hyde v. Heller; Dane v. Dansel; Fischer v. Woodruff; this view being codified by an act of the territorial legislature of 1869 providing that "A mortgage of real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law."
Servitudes: Legal And Equitable, James O'Keefe Jr.
Servitudes: Legal And Equitable, James O'Keefe Jr.
Student Theses
The purpose of this treatise is to trace the development, generally, of the law of "servitudes" from its early consideration through the different legal systems, up to the present period of legal history.
Real Property-Boundaries-Apportionment Of Excess Or Deficiency
Real Property-Boundaries-Apportionment Of Excess Or Deficiency
Indiana Law Journal
No abstract provided.
Iniciativas Parlamentarias Relativas Al Régimen Hipotecario, República De Cuba. Senado
Iniciativas Parlamentarias Relativas Al Régimen Hipotecario, República De Cuba. Senado
Mario Diaz Cruz Pamphlets
Comisión de Códigos
La Abulia Tropical Y El Problema Hipotecario, F. Carrera Justiz
La Abulia Tropical Y El Problema Hipotecario, F. Carrera Justiz
Mario Diaz Cruz Pamphlets
No abstract provided.
Book Review. New York Annotated Real Estate Forms, Bernard C. Gavit
Book Review. New York Annotated Real Estate Forms, Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.
The Meaning Of "Heirs" In Willsa Suggestion In Legal Method, Lewis M. Simes, Lorentz B. Knouff, George E. Leonard Jr.:
The Meaning Of "Heirs" In Willsa Suggestion In Legal Method, Lewis M. Simes, Lorentz B. Knouff, George E. Leonard Jr.:
Michigan Law Review
A major task of the lawyer is the prediction of judicial action. No less than a quarter of a century ago Justice Holmes referred to the law as a body of "systematized prediction." Today legal scholars are not content to base their predictions solely upon the body of rules announced in judicial opinions. By means of elaborate fact studies they have sought to ascertain how rules of law actually function in society. Not only have these studies dealt with problems of procedure and the administration of courts, they have also invaded the fields of commercial and property law. Among such …
Gifts Of Bank Deposits, Joseph D. Webb
Landlord's Lien Under Chapter 143, Acts 1932 Legislature, Charles I. Dawson
Landlord's Lien Under Chapter 143, Acts 1932 Legislature, Charles I. Dawson
Kentucky Law Journal
No abstract provided.
Specific Performance Of Contracts For The Conveyance Of Real Estate, W. R. Jones
Specific Performance Of Contracts For The Conveyance Of Real Estate, W. R. Jones
Kentucky Law Journal
No abstract provided.
Purchase Money Resulting Trusts In West Virginia, Donald F. Black
Purchase Money Resulting Trusts In West Virginia, Donald F. Black
West Virginia Law Review
No abstract provided.
Vendor And Purchaser-Right Of Purchaser To Exoneration As To A Prior Vendor's Lien
Vendor And Purchaser-Right Of Purchaser To Exoneration As To A Prior Vendor's Lien
Michigan Law Review
The case of McClure v. Southfield Woods Corporation, decided by the Michigan supreme court last year, raised an interesting question as to whether a contract vendee of land which is included in a tract subject to a pre-existing vendor's lien has a right of exoneration against his vendor as to such incumbrance. The plaintiff in that case had sold land to the Southfield Woods Corporation by a contract which provided for joinder of the vendor and vendee in a subdivision plat and for release of any lots from the vendor's lien upon payment of a stipulated sum, in addition …
Mortgages-Given Without Consideration But Intended As Gift
Mortgages-Given Without Consideration But Intended As Gift
Michigan Law Review
Statements that no mortgage is good unless there is consideration therefor are common; but that such statements are entirely true is very doubtful. Jones, in his book, Mortgages, makes such a statement, and then in the same section tells us that a mortgage intended as a gift will be enforced against all but prior creditors of the mortgagor. Wiltsie, in his book, Mortgage Foreclosures, states that want of consideration is a good defense, with some exceptions which are not clearly indicated. And Tiffany, in his work on Real Property, suggests that although a mortgage without consideration might be valid as …