Law Questions
Question 1
The case Mullen v. Str
This is an excerpt from the paper...
The case Mullen v. Stricker, (Supreme Court of Ohio, 1869), involved the question whether a transfer of real property included a transfer of an easement for air and light over an adjoining parcel of property when such a transfer was not expressly granted by the deed nor was it attached or appurtenant to the lot by user or prescription. The transferee argued that the easement was granted by implication, arising from the circumstances of the execution of the deed. The transferee claimed that the grant was implied from the fact that the windows were in use at the time of the conveyance and were necessary for the convenient enjoyment of the property. The court held that implied grants and implied reservations, based upon necessity or use alone, cannot and should not be applied to easements for light and air over the premises of another property owner. The court reasoned that the traditional doctrines of easements in light and air were completely unsuited to (then) modern conditions in the United States. The court noted that this doctrine, as well as that of prescriptive rights in light and air by long users, would result in uncertainty and litigation in a society where buildings were cheap and often temporary and where real property was quickly becoming another form of merchandise offered for sale. These doctrines would arrest development in towns and cities, preventing owners from improving their property. p. 144.
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hown by juries to plaintiffs in these cases was often "wholly inconsistent with the principles of law and the ends of justice." This sentiment was echoed by Lewis F. Powell, Jr., as late as 1957. Several other cases in California adhered to the doctrine of contributory negligence until Li. See Innis v. The Steamer Senator, 1 Cal. 459, 460-61 (Cal. 1851).
Question 3
This question concerns the development of contract law in the United States. Lawrence Friedman's note that moral obligations could not be enforced in courts refers to the situation existing in the United States during the Nineteenth Century. Friedman gives the example of a father who gives a note to one of his sons who is down on his luck. Friedman remarked that even though the father had expressed a logical reason for giving the note, the son could not enforce the note. This situation is closely analogous to that in Kirksey v, Kirksey, 8 Ala. 131 (1845). In this case, a man induced the wife of his deceased brother to leave her home and move in with him. He provided for her in this fashion for two years, after which he put her in a less desirable home. Eventually, he forced her out of this home as well. The court said that the man's initial promise was not
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Approximate Word count = 1431
Approximate Pages = 6 (250 words per page)
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