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Articles 1261 - 1290 of 1324

Full-Text Articles in State and Local Government Law

Receiverships In Kentucky, W. Lewis Roberts Jan 1939

Receiverships In Kentucky, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

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Constitutional Law - Validity Of Mortgage Moratorium Act - Effect Of Lapse Of Time On "Emergency'' Legislation, Ralph Winkler Jun 1938

Constitutional Law - Validity Of Mortgage Moratorium Act - Effect Of Lapse Of Time On "Emergency'' Legislation, Ralph Winkler

Michigan Law Review

A mortgage moratorium law was enacted in Nebraska in 1933. It was re-enacted in 1935 and again in 1937. The act recited that an emergency existed and that the law was adopted to provide for this condition. The instant case involved the constitutionality of this law. A majority of the court held that the law violated the due process clause and the contracts clause of the state constitution. While the court admitted that "land values have not been restored to the prices they had attained prior to March 1, 1934," nevertheless, "It appears that there is no crisis now prevailing …

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Vendor And Purchaser - Equitable Conversion - Application To Obligation To Extinguish Forest Fires, Michigan Law Review Feb 1938

Vendor And Purchaser - Equitable Conversion - Application To Obligation To Extinguish Forest Fires, Michigan Law Review

Michigan Law Review

A Montana statute placed the burden of extinguishing forest fires on the person on whose "property" the fire occurred, and, on failure of such person to extinguish it, made him liable to reimburse any authorized unit that should do so. Fire broke out on property owned by D, and a Government unit extinguished it. Previous to such fire, D had contracted to sell the land to X under a contract giving X the right of possession. Held, by the doctrine of equitable conversion, X was the beneficial owner, and the land was not D's "property" so as …

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Kentucky Decisions On Future Interests, 1933-1937, W. Lewis Roberts Jan 1938

Kentucky Decisions On Future Interests, 1933-1937, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

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Landlord And Tenant - Disability To Recover Rent For Failure To Comply With Tenement Law, Theodore R. Vogt May 1937

Landlord And Tenant - Disability To Recover Rent For Failure To Comply With Tenement Law, Theodore R. Vogt

Michigan Law Review

A Connecticut statute provides: "No building constructed as . . . a tenement house shall be occupied . . . until the issuance of a certificate . . . that said building conforms . . . to the requirements of this chapter . . . . " (Section 2592.) It is further provided (Section 2593): "If any building . . . be occupied . . . in violation of the provisions of section 2592, during such unlawful occupation no rent shall be recoverable by the owner or lesee . . . and no action or special proceedings shall be maintained …

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Municipal Corporations - Constitutional Limitation On Indebtedness - Delinquent Taxes As Deductible Asset, Emma Rae Mann Feb 1937

Municipal Corporations - Constitutional Limitation On Indebtedness - Delinquent Taxes As Deductible Asset, Emma Rae Mann

Michigan Law Review

Plaintiff taxpayer sued to enjoin defendant city from borrowing $500,000 for general public improvements, alleging that if, the city so obligated itself it would be indebted beyond the limit fixed by the constitution at two per cent of the assessed valuation of taxable property. Defendant showed that such limit would not be exceeded if two-thirds of the outstanding delinquent taxes were regarded as deductible. The court denied the injunction and held that since collection of at least two-thirds of such outstanding delinquent taxes was certain this item was properly deductible. Ward v. Pittsburgh, 321 Pa. 414, 184 A. 240 …

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Conditional Sales In Kentucky, W. Lewis Roberts Jan 1937

Conditional Sales In Kentucky, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

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Eminent Domain - Slum Clearance And Low-Cost Housing Program As Public Use Nov 1936

Eminent Domain - Slum Clearance And Low-Cost Housing Program As Public Use

Michigan Law Review

A New York statute set up a public corporation with power to investigate and study housing conditions in the city, and to plan and carry out projects for the clearance of slums and the providing of housing accommodations for persons of low income. The corporation sought to condemn certain property owned by the defendant, who resisted the proceeding on the ground that the taking was not for a public use and therefore violative of the Fourteenth Amendment and a similar provision in the state constitution. Held, that the taking was for a public benefit and that therefore the constitutional …

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Eminent Domain-Validity Of State Statute Jan 1936

Eminent Domain-Validity Of State Statute

Michigan Law Review

As upon certiorari, the New Mexico Supreme Court considered the question, whether it is "within legislative competence to declare a public use in the industry of coal mining, so as to permit taking private property in aid of it." Plaintiff had obtained a judgment of condemnation, and defendant attacked it as offensive to the New Mexico constitutional provision: "Private property shall not be taken or damaged for public use without just compensation." The opinion recognized the existence of an "orthodox" and a "liberal" doctrine of construing "public use." While the court found that, unlike Nevada's or Utah's, New Mexico's well-being …

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Foreclosure Receiverships In Kentucky, Martin R. Glenn Jan 1936

Foreclosure Receiverships In Kentucky, Martin R. Glenn

Kentucky Law Journal

No abstract provided.

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Municipal Corporations-Regulation Of Gas Stations-Delegation To Property Owners Of Power To Modify Zoning Restrictions Jan 1936

Municipal Corporations-Regulation Of Gas Stations-Delegation To Property Owners Of Power To Modify Zoning Restrictions

Michigan Law Review

A city ordinance prohibited the installation of gasoline filling stations within the city except after obtaining the written consent of 51 per cent of the property owners within a radius of six hundred feet from the site. Relator, without obtaining the required consent, asked for a writ of mandamus, which was refused. The court held the regulation not arbitrary but substantially relating to the public safety and welfare, and not a delegation of legislative powers. State ex rel. Standard Oil Co. v. Combs, 129 Ohio St. 251, 194 N. E. 875 (1935).

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Streets--Dedication By Record Plat--Conditions, Charles C. Wise Jr. Apr 1935

Streets--Dedication By Record Plat--Conditions, Charles C. Wise Jr.

West Virginia Law Review

No abstract provided.

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Stare Decisis -The Retroactive Effect Of An Overruling Decision May 1934

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 …

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Mortgages - Assignment Of Rents And Profits - Michigan Statute Jun 1933

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.

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Book Review. New York Annotated Real Estate Forms, Bernard C. Gavit Jan 1933

Book Review. New York Annotated Real Estate Forms, Bernard C. Gavit

Articles by Maurer Faculty

No abstract provided.

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Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact Dec 1931

Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact

Michigan Law Review

Plaintiff sued in Ohio to set aside a deed of Ohio land given by the plaintiff, a resident of that state, in exchange for Texas lands deeded by the defendant who was also a resident of Ohio, for mistake as to defendant's title to the Texas land resulting from a Texas statute of which both parties were ignorant at the time of the transaction. Held, a mistake of foreign law is a mistake of fact authorizing equitable relief. Miller v. Bieghler, 123 Ohio St. 227, 174 N.E. 774 (1931).

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Negligence-Spread Of Fire-"New York Rule." Mar 1931

Negligence-Spread Of Fire-"New York Rule."

Michigan Law Review

The properties of plaintiff and defendant were separated by a city street. While filling a gasoline tank on his premises defendant allowed the tank to overflow, the escaping gasoline ignited, the fire spread to a warehouse on defendant's property and thence, across the street, to plaintiff's buildings. Held, that the negligence of the defendant was the proximate cause of the injury to the plaintiff, within the so-called "New York Rule" of limited liability in such cases, inasmuch as the titles of the two parties ran to the center of the street. Homac Corporation v. Sun Oil Co., 244 …

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Land Title Registration-Effect Of Registration Of Forged Deed And Transfer To Bona Fide Purchaser Under Torrens Act Jan 1931

Land Title Registration-Effect Of Registration Of Forged Deed And Transfer To Bona Fide Purchaser Under Torrens Act

Michigan Law Review

Plaintiffs, purchasers of land previously brought under Illinois Torrens Act, delivered certificate of title to party under agreement to sell, who forged deed to himself, had certificate issued in his name, and then conveyed to defendants who were good faith purchasers for value. Plaintiffs informed registrar of the forgery after the defendants had bought, and demanded cancellation of the deeds and certificates, and the reissue of a certificate to themselves. The registrar refused, and this petition was brought to compel such action. Held, plaintiffs having voluntarily bought land brought under Torrens system, there was a waiver of any constitutional …

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Constitutionality Of Municipal Zoning And Segregation Ordinances, George D. Hott Jun 1927

Constitutionality Of Municipal Zoning And Segregation Ordinances, George D. Hott

West Virginia Law Review

No abstract provided.

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Due Process Of Law In Proceedings Before A City Council To Disannex Territory Under The Indiana Law, Paul L. Sayre Mar 1926

Due Process Of Law In Proceedings Before A City Council To Disannex Territory Under The Indiana Law, Paul L. Sayre

Indiana Law Journal

No abstract provided.

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Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson Feb 1922

Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson

Michigan Law Review

Books in general, law books in particular, are like people. Most of them are ordinary, some useful, some not, but if they had not appeared they would not have been greatly missed, having appeared they will live their few years and at least seem to be forgotten. A few are so outstanding that they make a strong impress on their time and live on beyond the period of a life. If not great they have great influence and make notable contributions. Among the notable books of our time in the field of property law may be mentioned Jarman on Wills …

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Operation And Effect Of Recording, Ralph W. Aigler Jan 1922

Operation And Effect Of Recording, Ralph W. Aigler

Articles

While the operation of the recording acts is not uncommonly said to result in a preference of the earlier recorded instrument on the ground that under the circumstances the later grantee takes "with notice," the true view in the normal case would seem to be that the earlier grantee is preferred because priority in time gives priority in right-and by recording, he has done all that is required to preserve that favored position. Recording does not ordinarily give preference, it merely safeguards priority. Reference is here made to the normal case because it is, of course, true that there are …

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Joint Tenancy In Personal Property In Michigan, Ralph W. Aigler Jan 1922

Joint Tenancy In Personal Property In Michigan, Ralph W. Aigler

Articles

In Lober v. Dorgan, 215 Mich. 62, decided July 19, 1921, the court again wrestled with the problem which has troubled the Michigan courts for many years, as to whether the law of the state recognizes any such thing as joint ownership in personal property with the common law incident of survivorship. The facts presented a controversy between the estates of husband and wife, the latter having survived the former. A real estate mortgage had been given to "George W. Bush and Sarah Bush, his wife, of Gobleville, Michigan, as joint tenants, with sole right to the survivor." After the …

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Alienation Of Contingent Remainders, Ralph W. Aigler Jan 1919

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 …

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Is A Contract Necessary To Create An Effective Escrow?, Ralph W. Aigler Jun 1918

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 …

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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 …

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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.

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Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat Mar 1916

Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat

Michigan Law Review

Attempt, Assault, and Assault with Intent - The case of State v. Lewis, decided in October, 1915, by the Supreme Court of Iowa, has an interesting bearing upon the law of assault and of criminal attempts. Two men, Tropp and Cox, observed a third, Dunlevy, asleep on a cot with a pocketbook under his pillow. Tropp armed himself with a leather sap and a loaded revolver and moved quietly to the head of the cot, when Dunlevy, feeling the presence of some one in the room, sprang to his feet. Tropp fled from the room with Dunlevy after him, but …

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Mortgagee In Possession In New York And Michigan, Edgar N. Durfee Jan 1916

Mortgagee In Possession In New York And Michigan, Edgar N. Durfee

Articles

It is interesting to observe how tenaciously the old common law of mortgages has persisted in the state of New York, the very cradle of the modem lien theory of the mortgage. As early as 1802 Chancellor KENT began the importation into that state of Lord MANSFIELD'S Civil Law doctrines of mortgage. Johnson v. Hart, 3 Johns. Cas. 322. In 1814, in the case of Runyan v. Mersereau, 11 Johns. 534, the lien theory definitely triumphed over the old law. In other cases, both before and since the statute of 1828 denying ejectment to the mortgagee, the details of mortgage …

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Estates In Fee Tail, Ralph W. Aigler Jan 1916

Estates In Fee Tail, Ralph W. Aigler

Articles

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.

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