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Articles 8191 - 8220 of 8409

Full-Text Articles in Property Law and Real Estate

Apportionment Of Royalties On Partition Of Premises Subject To An Oil And Gas Lease, J. W. S. Apr 1918

Apportionment Of Royalties On Partition Of Premises Subject To An Oil And Gas Lease, J. W. S.

West Virginia Law Review

No abstract provided.


No-Term Oil And Gas Leases And The Rule Against Perpetuities, J. W. S. Apr 1918

No-Term Oil And Gas Leases And The Rule Against Perpetuities, J. W. S.

West Virginia Law Review

No abstract provided.


Bills To Remove Cloud From Title--With Reference To The State Of The Authorities In Virginia And West Virginia, David C. Howard Jan 1918

Bills To Remove Cloud From Title--With Reference To The State Of The Authorities In Virginia And West Virginia, David C. Howard

West Virginia Law Review

No abstract provided.


Mines And Mining--Construction Of Oil And Gas Lease--What Is A Gas Well Jan 1918

Mines And Mining--Construction Of Oil And Gas Lease--What Is A Gas Well

West Virginia Law Review

No abstract provided.


Specific Performance Of Contract To Release Inchoate Right Of Dower, J. W. S. Jan 1918

Specific Performance Of Contract To Release Inchoate Right Of Dower, J. W. S.

West Virginia Law Review

No abstract provided.


The Content Of Covenants In Leases, Ralph W. Aigler Jan 1918

The Content Of Covenants In Leases, Ralph W. Aigler

Articles

Among the many troublesome problems in law those arising out of "covenants running with the land" are not the least It is quite clear that in order for a covenant to "run" there must be an intimacy of relationship between it and the land, or. more properly, the estate, with which it passes. It is, then, vitally important to consider in each case the subject matter, the content of the covenant, and this matter of relationship.


Acquirement Of Title By A Willful Trespasser And Compensation For The Trespassee, Joseph H. Drake Jan 1918

Acquirement Of Title By A Willful Trespasser And Compensation For The Trespassee, Joseph H. Drake

Articles

The interaction of the basic maxim of substantive law, that no man may be deprived of his property without his consent, and the correlative maxim of adjective law, that the courts will give exact compensation for property taken or destroyed, together with the more or less mechanical rules of damages depending upon the form of action used, have in their outcome gone far toward justifying the somewhat grandiloquent utterance of our legal forbears of the seventeenth and eighteenth centuries, that the "Common Law is the perfection of human wisdom." The final stage in this development is shown in the late …


Effect Of Change Of Law Upon Obligation To Pay Rent, Ralph W. Aigler Jan 1918

Effect Of Change Of Law Upon Obligation To Pay Rent, Ralph W. Aigler

Articles

In McCullough Realty Co. v. Laemmle Film Service, (Nov. 16, 1917), 165 N. W. 33, the supreme court of Iowa had occasion to pass upon a question which has become increasingly frequent with the spread of prohibition laws, namely, the effect upon the obligation of a tenant to pay rent, of a subsequent law that makes it unlawful for him to use the premises for the purpose for which he leased them. The case before the Iowa court was not one arising out of a lease of premises for saloon purposes, but the question involved was precisely the same, and …


The Citizen Ownership Of Lands, Lyman Chalkley Jan 1918

The Citizen Ownership Of Lands, Lyman Chalkley

Kentucky Law Journal

No abstract provided.


Equitable Servitudes In Missouri, George L. Clark Dec 1917

Equitable Servitudes In Missouri, George L. Clark

University of Missouri Bulletin Law Series

Before the decision in Tulk v. Moxhay, a contract not to use land in a particular manner was treated by equity courts in the same way as were other negative contracts; if the plaintiff was so injured in the enjoyment of his own land that damages at law did not furnish an adequate remedy, equity would specifically enforce the contract by granting an injunction against the promisor. The right thus to control the use of the property in the hands of the promisor can hardly be classified as other than a property right, but since it was enforcible only against …


Equitable Servitudes, George L. Clark Dec 1917

Equitable Servitudes, George L. Clark

Michigan Law Review

Specific performance of restrictions upon property before Tulk v. Moxhay. Before the decision in Tulk v. MoXhay 2 a contract not to use land in a particular manner was treated by equity courts in the same way as were other negative contracts; if the plaintiff was so injured in the enjoyment of his own land that damages at law did not furnish an adequate remedy, equity would specifically enforce the contract by granting an injunction against the promisor.8 The right thus to control the use of the property in the hands of the promisor can hardly be classified as other …


Bills To Remove Cloud From Title--With Reference To The State Of The Authorities In Virginia And West Virginia, David C. Howard Nov 1917

Bills To Remove Cloud From Title--With Reference To The State Of The Authorities In Virginia And West Virginia, David C. Howard

West Virginia Law Review

No abstract provided.


Mines And Mining--Oil And Gas--Division Of Royalty On Lease By Adjoining Landowners Nov 1917

Mines And Mining--Oil And Gas--Division Of Royalty On Lease By Adjoining Landowners

West Virginia Law Review

No abstract provided.


Measure Of Damages For Breach Of Implied Covenants In Oil And Gas Lease To Develop And Protect From Drainage, J. W. S. Nov 1917

Measure Of Damages For Breach Of Implied Covenants In Oil And Gas Lease To Develop And Protect From Drainage, J. W. S.

West Virginia Law Review

No abstract provided.


Venue In Equity As Depending Upon The Situs Of The Land, L. C. Nov 1917

Venue In Equity As Depending Upon The Situs Of The Land, L. C.

West Virginia Law Review

No abstract provided.


Oil And Gas Leases And The Rule Against Perpetuities, James W. Simonton Nov 1917

Oil And Gas Leases And The Rule Against Perpetuities, James W. Simonton

West Virginia Law Review

No abstract provided.


How A Conditional Limitation Operates, Harold M. Bowman Nov 1917

How A Conditional Limitation Operates, Harold M. Bowman

Michigan Law Review

Whenever, a freehold is limited to take effect upon a contingency which may happen before the regular expiration of the preceding estate of freehold, it takes effect in defeasance of such interest. The executory limitation thus operating cuts off the prior interest abruptly. By the "intrinsic force" of the executory limitation the preceding estate is terminated. The gift over operates to destroy, to divest,' in defeasance of the prior gift. In the words of LORD LANGDALE, Master of the Rolls, in Jackson v. Noble 2 the preceding estate is "defeated by a contingent executory gift over."


Options And The Rule Against Perpetuities, John R. Rood Mar 1917

Options And The Rule Against Perpetuities, John R. Rood

Articles

"The question to be discussed in this article is whether an option to buy property is void by reason of the fact that it may be exercised at a period more remote from the time of its creation than the law of the state permits contingent interest to vest."


The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood Mar 1917

The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood

Articles

The object sought in this article is to collect and classify the cases in which the courts have passed on the question as to what shall be done with property over which a power of appointment has been given; when it finally turns out for some reason that the power has not been exercised. It is not the object to establish any particular thesis, but rather to ascertain how the adjudicated cases stand.


Transfer And Partition Of Remainders In Missouri, The, Manley O. Hudson Feb 1917

Transfer And Partition Of Remainders In Missouri, The, Manley O. Hudson

University of Missouri Bulletin Law Series

The common law gave to vested remainders many of the qualities of present estates, and most of the questions arising in connection with their transfer have long been free from difficulty. But contingent remainders occupied such a precarious place in the law long after they were first recognized as legal interests, that all questions as to their transferability were approached with exceeding reluctance. The contingent remainderman had only a mere possibility of an estate, and the employment of such a description was in itself sufficient to conjure difficulty, for possibility to the common law lawyer was a dangerous word. A …


Examen Crítico De Las Diversas Teorías Sobre La Posesión, Carlos Jiménez De La Torre Jan 1917

Examen Crítico De Las Diversas Teorías Sobre La Posesión, Carlos Jiménez De La Torre

Cuban Law

Verdadero carácter de la posesión según nuestro derecho


Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler Jan 1917

Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler

Articles

Among the very many difficult problems arising under the STATUTE OF FRAUDS not the least troublesome has been that of surrender of estates by "operation of law." The Statute (29 Car. II, c.3,§3,) provided that "no leases * * * shall * * * be assigned, granted, or surrendered, unless it be by deed or note in writing, * * * or by act and operation of law." Under a number of varying situations it has been held that a surrender by operation of law had been accomplished. See 2 TIFFANY, LANDLORD AND TENANT, §190. In Lyon v. Reed, 13 …


Rights In Percolating Waters, Ralph W. Aigler Jan 1917

Rights In Percolating Waters, Ralph W. Aigler

Articles

Almost without exception the courts approve of Acton v. Blundell, 12 M. & W. 324, to the extent of its actual decision,-that where as a result of improvement or enjoyment of one's own land one conducts operations which draw off percolating waters from a neighbor's land, even to the extent of drying up a well or spring, such inconvenience is to be deemed damnum absque injuria. The doctrine of the court "that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure," if intended …


The Right Of Fishing, Ralph W. Aigler Jan 1917

The Right Of Fishing, Ralph W. Aigler

Articles

While the man engaged in fishing is ordinarily more concerned with the supply of fish and their susceptibility than with his right to be doing what he is, not infrequently the latter question is thrust upon his attention. Popular notions on this matter are not to be relied upon. "In country life a multitude of acts are habitually committed that are technically trespasses. Persons walk, catch fish, pick berries, and gather nuts in alieno solo, without strict right. Good natured owners tolerate these practices until they become annoying or injurious, and then put a stop to them," ADAMS, J., in …


Rights In Percolating Waters, Ralph W. Aigler Jan 1917

Rights In Percolating Waters, Ralph W. Aigler

Articles

Almost without exception the courts approve of Acton v. Blundell, 12 M. & W. 324, to the extent of its actual decision,-that where as a result of improvement or enjoyment of one's own land one conducts operations which draw off percolating waters from a neighbor's land, even to the extent of drying up a well or spring, such inconvenience is to be deemed damnum absque injuria. The doctrine of the court "that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure," if intended …


The Right Of Fishing, Ralph W. Aigler Jan 1917

The Right Of Fishing, Ralph W. Aigler

Articles

While the man engaged in fishing is ordinarily more concerned with the supply of fish and their susceptibility than with his right to be doing what he is, not infrequently the latter question is thrust upon his attention. Popular notions on this matter are not to be relied upon. "In country life a multitude of acts are habitually committed that are technically trespasses. Persons walk, catch fish, pick berries, and gather nuts in alieno solo, without strict right. Good natured owners tolerate these practices until they become annoying or injurious, and then put a stop to them," ADAMS, J., in …


Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler Jan 1917

Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler

Articles

Among the very many difficult problems arising under the STATUTE OF FRAUDS not the least troublesome has been that of surrender of estates by "operation of law." The Statute (29 Car. II, c.3,§3,) provided that "no leases * * * shall * * * be assigned, granted, or surrendered, unless it be by deed or note in writing, * * * or by act and operation of law." Under a number of varying situations it has been held that a surrender by operation of law had been accomplished. See 2 TIFFANY, LANDLORD AND TENANT, §190. In Lyon v. Reed, 13 …


Tax Exemptions Of American Church Property, Carl Zollmann Jun 1916

Tax Exemptions Of American Church Property, Carl Zollmann

Michigan Law Review

The exemption from taxation of public property in the various states of the Union rests on reason and presents no difficulty. If a state were to tax its own property or the property of the counties, cities, towns and villages created by it, the burden of the ultimate taxpayer would not be lightened in the least. Since such property is not only acquired but also maintained at public expense the money necessary for this purpose must in any case be ultimately paid by the owners of private property. An attempt to tax public property would only make the bookkeeping of …


Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson Jun 1916

Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson

Michigan Law Review

Estates in Fee Tail - Quite generally estates in fee tail under the STATUTE DE DONIS were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied. See the states classified according to the character of the legislation in BREWSTER, CONVEYANCING, § § 142, 143.


Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood May 1916

Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood

Michigan Law Review

A collection of recent important court decisions and book reviews.