Comments on Recent Decisions in the Law of Property

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University of California. May, 1924 - 5 pages

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Page 442 - The discount in the one instance represents the difference between the par value of the stock and the amount received for it; the commission represents that difference in the other.
Page 442 - ... as the amount of stock or shares owned by him bears to the whole of the subscribed capital stock or shares of the corporation or association.
Page 439 - It is said that, the covenant being one which does not run with the land, this court cannot enforce it; but the question is, not whether the covenant runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor, and with notice of which he purchased.
Page 441 - The legislature, being familiar with local conditions, is, primarily, the judge of the necessity of such enactments. The mere fact that a court may differ with the legislature in its views of public policy, or that judges may hold views inconsistent with the propriety of the legislation in question, affords no ground for judicial interference, unless the act in question is unmistakably and palpably in excess of legislative power.
Page 51 - ... 4. Any tax or special assessment for which a sale of the land las not been had at the date of the certificate of title. 5. Such right of action or claim as is allowed by this act. 6. Liens, claims, or rights arising under the laws of the United States, which the statutes of California can not require to appear of record upon the register.

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