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Articles 8161 - 8190 of 8409
Full-Text Articles in Property Law and Real Estate
Book Reviews, Herman W. Oliphant, Ralph W. Aigler
Book Reviews, Herman W. Oliphant, Ralph W. Aigler
Michigan Law Review
The Law of Contracts. Samuel Williston, Weld Professor of Law in Harvard University. New York. Baker, Voorhis & Co., 192o. In four volumes. Vol. I, pp. xxiii, 1155, Vol. II, pp. xxi, 1157-2329
Adverse Possession--What Constitutes--Occupancy Under A Parol Gift, W. F. B.
Adverse Possession--What Constitutes--Occupancy Under A Parol Gift, W. F. B.
West Virginia Law Review
No abstract provided.
Injunction Against Use Of Compressors And Pumps On Gas Wells, J. W. S.
Injunction Against Use Of Compressors And Pumps On Gas Wells, J. W. S.
West Virginia Law Review
No abstract provided.
Mines And Minerals--Right Of Lessee Under An Oil And Gas Lease To Retain The Use Of Gas Compressors And Pumps
West Virginia Law Review
No abstract provided.
Is There An Implied Obligation To Develop For Oil And Gas When There Is An Agreement To Pay Delay Rental?, J. W. S.
West Virginia Law Review
No abstract provided.
Right Of Remainderman To Compel Life Tenant To Permit Development Of Oil And Gas, James W. Simonton
Right Of Remainderman To Compel Life Tenant To Permit Development Of Oil And Gas, James W. Simonton
West Virginia Law Review
No abstract provided.
Joinder Of Parties And The Doctrine Of Survivorship, L. C.
Joinder Of Parties And The Doctrine Of Survivorship, L. C.
West Virginia Law Review
No abstract provided.
The Rule In Shelley's Case In West Virginia, James W. Simonton
The Rule In Shelley's Case In West Virginia, James W. Simonton
West Virginia Law Review
No abstract provided.
Does A Provision That An Oil And Gas Lease Shall Be Void Unless The Leasee Drills Or Pays Rental Create A Condition?, J. W. S.
West Virginia Law Review
No abstract provided.
Constitutional Changes In Eminent Domain In Illinois, William E. Britton
Constitutional Changes In Eminent Domain In Illinois, William E. Britton
Articles by Maurer Faculty
The purpose of this article is (1) to review the constitutional changed that have taken place in 'the law of eminent domain in Illinois; (2) to discuss the proposals which have been introduced in the present Constitutional Convention; and (3) to indicate some of the more important constitutional changed which, in recent years, have occurred in other states.
Escheat - How State Acquires Title, Edwin C. Goddard
Escheat - How State Acquires Title, Edwin C. Goddard
Articles
Escheat is of feudal origin, and properly applied only to land which on failure of heirs or for certain other reasons, "fell in" to the lord under whom it had been held. Personal property without an owner, as bona vacantia, became the property of the crown. In re Bond [1901] 1 Ch. 15. In the United States escheat is used more broadly, but usually arises when the owner of property dies intestate without heirs. Our alienage laws have generally removed disabilities of aliens to take, but in some jurisdictions there may still be escheat because of alienage, see 5 MICH. …
Epithetical Jurisprudence And The Annexation Of Fixtures, Joseph H. Drake
Epithetical Jurisprudence And The Annexation Of Fixtures, Joseph H. Drake
Articles
If we begin with all the facts of a controversy and proceed inductively to determine the rights of the parties litigant, we thus arrive at a jurisprudence of rights, whereas, if we reason deductively from a rule, a definition, or a maxim of law to its application in the facts of our case, we can at best attain only a jurisprudence of rules, which has been so aptly characterized as an epithetical jurisprudence. The subject of fixtures is one in which we have great difficulty in applying the inductive method because the courts have been slower in approaching the subject …
Continuous Trespass And Repeated Wrong, Joseph H. Drake
Continuous Trespass And Repeated Wrong, Joseph H. Drake
Articles
In the recent case of Perkins v. Trueblood, (Cal., May, 1919), 191 Pac. 642, the facts were that, in March, 1912, the defendant, a surgeon, set the leg of the plaintiff, but as the fracture did not heal satisfactorily "the defendant separated the surfaces of the bone during the month of April, 1912, and again set the plaintiff's leg." In a suit for malpractice, begun on April 9, 1913, it was held, that the cause of action "was not barred by the CODE OF PROCEDURE, Article 340, subd. 3, prescribing a one year limitation period in such cases." It is …
Property In Oil And Gas, W. L. Summers
Extension Of Liability Of Abstracters, Harry R. Trusler
Extension Of Liability Of Abstracters, Harry R. Trusler
Michigan Law Review
The General Rule.- In 1900 a standard encyclopedia said: "By the weight of authority an abstracter is liable only to the person ordering and paying for the abstract; and where this view obtains, the fact that an abstracter has knowledge that his abstract is to be used in a sale or loan to advise a purchaser or person about to lend money does not affect the rule as to his liability. In some jurisdictions, however, the abstracter's liability has been extended to protect those who, relying on the correctness of the abstract, are injured."
Equitable Relief Against Nuisances And Similar Wrongs In Missouri, George L. Clark
Equitable Relief Against Nuisances And Similar Wrongs In Missouri, George L. Clark
University of Missouri Bulletin Law Series
In order the better to secure to the owner and occupier of land its proper use and enjoyment the common law has recognized certain rights in addition to the mere right of possession which is redressed by the action of trespass. These non-possessory rights are called natural rights because, like the right of possession, they exist irrespective of the consent of others. Any violation of these natural rights is called a private nuisance.
Power Of Wife To Execute A Demise Without A Joinder Of Her Husband In The Lease, L. C.
Power Of Wife To Execute A Demise Without A Joinder Of Her Husband In The Lease, L. C.
West Virginia Law Review
No abstract provided.
Apportionment Of Royalties On Subdivision Of Premises Subject To An Oil And Gas Lease Under Which There Is Subsequent Development, J. W. S.
West Virginia Law Review
No abstract provided.
Extension Of Term Of Oil Lease Through Discovery Of Oil In Less Than Paying Quantities, J. W. S.
Extension Of Term Of Oil Lease Through Discovery Of Oil In Less Than Paying Quantities, J. W. S.
West Virginia Law Review
No abstract provided.
The Relationship Of The State To Private Ownership Of Land, Lyman Chalkley
The Relationship Of The State To Private Ownership Of Land, Lyman Chalkley
Kentucky Law Journal
No abstract provided.
Alienation Of Contingent Remainders, Ralph W. Aigler
Alienation Of Contingent Remainders, Ralph W. Aigler
Articles
The recent case of Bisby v. Walker, 169 N. W. 467, decided by the Supreme Court of Iowa November 23, 1918, is an interesting instance of an all too common lack of appreciation and understanding of the very fundamentals of property law. Under the will of her grandfather B became entitled to a contingent remainder (at least the court treated it as such) in certain lands; the contingency upon which her taking depended was her being one of the surviving children of her mother at the time of the death of the life tenant, the testator's widow. During the continuance …
The Writing Required To Establish An Express Trust Of Land, Edgar N. Durfee
The Writing Required To Establish An Express Trust Of Land, Edgar N. Durfee
Articles
It has frequently been said that the Seventh Section of the Statute of Frauds, concerning Trusts of land, requires a writing containing "all the terms of the trust." Forster v. Hale, 3 Ves. 707; Smith v. Matthews, 3 DeG., F. & J. 139; Loring v. Palmer, 118 U. S. 321; Gaylord v. Lafayette, 115 Ind. 423; McClellan v. McClellan, 65 Me. 500; Blodgett v. Hildreth, 103 Mass. 484; York v. Perrine, 71 Mich. 567; Newkirk v. Place, 47 N. J. Eq. 477; Steere v. Steere, 5 Johns. Ch. 1; Cook v. Barr, 44 N. Y. 156; Dillaye v. Greenough, 45 …
Determinable Fee - Possibility Of Reverter, Edwin C. Goddard
Determinable Fee - Possibility Of Reverter, Edwin C. Goddard
Articles
Professor Gray, in the first edition of his great work, "The Rule Against Perpetuities," Section 31 and following, contended that the Statute Quia Emptores by putting an end to tenure between feoffor and feoffee of an estate in fee simple, incidentally put an end to possibility of reverter to the feoffer on failure of the condition in a determihable fee. Specifically he says that upon dissolution of an eleemosynary corporation a terminable gift to such corporation does not revert to the donor, as is said by Lord Coke, Co. LITT. 13b, but escheats. For reversion depends on tenure, and the …
The Revocability Of Licenses As Applied To Property In Land, Albert J. Harno
The Revocability Of Licenses As Applied To Property In Land, Albert J. Harno
Kentucky Law Journal
No abstract provided.
Delivery And Acceptance Of Deeds, Herbert T. Tiffany
Delivery And Acceptance Of Deeds, Herbert T. Tiffany
Michigan Law Review
It is proposed, in the first part of this paper, to consider the nature of the delivery of a deed, more particularly a deed of conveyance, and the facts and circumstances which the courts have regarded as justifying an inference of delivery. The second part of the paper will be devoted to a consideration of the necessity of the acceptance of a deed, in addition to delivery, in order that it may have a legal operation.
Rights Of Tenant In Common Where Oil Is Extracted Under Unauthorized Lease From Co-Tenant, J. W. S.
Rights Of Tenant In Common Where Oil Is Extracted Under Unauthorized Lease From Co-Tenant, J. W. S.
West Virginia Law Review
No abstract provided.
Can A Lessee Be Compelled To Apportion Oil Royalties Among Owners Of Portions Of The Leased Premises, J. W. S.
Can A Lessee Be Compelled To Apportion Oil Royalties Among Owners Of Portions Of The Leased Premises, J. W. S.
West Virginia Law Review
No abstract provided.
The Nature Of The Interest Of The Grantee Under An Oil And Gas Lease, James W. Simonton
The Nature Of The Interest Of The Grantee Under An Oil And Gas Lease, James W. Simonton
West Virginia Law Review
No abstract provided.
Is A Contract Necessary To Create An Effective Escrow?, Ralph W. Aigler
Is A Contract Necessary To Create An Effective Escrow?, Ralph W. Aigler
Articles
WHERE land has been sold and both parties are desirous of protecting themselves pending full payment of the purchase price, there are two common ways of accomplishing their purpose without any change in legal ownership. There may be (1) a contract of sale properly evidenced so as to be enforceable, and (2) a deed executed by the vendor and placed "in escrow." Sometimes one method is preferred, sometimes the other. If the former is adopted, it is, of course, vitally important that the contract comply with the formal requirements of the law; in the latter there has been some difference …
The Claim Of West Virginia Against The Federal Government On Account Of The Northwest Territory, William E. Chilton
The Claim Of West Virginia Against The Federal Government On Account Of The Northwest Territory, William E. Chilton
West Virginia Law Review
No abstract provided.