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The Indiana Court of Appeals handed down Hays v. Hays (PDF format) yesterday. At issue was interpreting a deed's first-right-of-refusal clause and Indiana's partition statute. The parties involved were the son of the grantors and the wife of a deceased son. Two things come to mind as I read the case. First, that good drafting follows having a good enough imagination to foresee the reasonable contingencies that might follow out of the relationship of people to the subject of the deal. Lacking
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Living Together and Real Estate
While writing New Court of Appeals case on Partitioning Real Estate for my Indiana Civil and Business Blog, I realized that Thomas Keller and Shirley Rohrs v. Daniel Keller (PDF format) applies as much to cohabitation cases as it does to real estate cases...
10th Circuit: Legal Interest Acquired Post-petition is Property of the Estate
When someone files bankruptcy, an estate is created. The property in the estate is defined in the Code, and it is the property in the estate that is used to pay creditors. But how do you value property of the estate if the nature of the interest held in the real estate changes after the petition date? On Friday, the 7th Circuit Court of Appeals answered that question...
Blawg of the Day -- Real Estate Space
Doug Cornelius is a senior attorney at Goodwin Proctor in Boston, practicing primarily in real estate law. He publishes Real Estate Space, a commercial real estate finance law blog, with notes on real estate law and the real estate business from his perspective.
Washington Court of Appeals won't enforce a one-sided arbitration agreement
Although Washington law favors arbitration, the Washington Court of Appeals made clear this week that it will not enforce an arbitration agreement that lacks neutrality. In Rodriguez v...
Ind. Decisions - "U. S. Steel Disappointed By Indiana Court of Appeals Ruling "
Friday's Court of Appeals opinion in the case of Northern Indiana Public Service Company v. United States Steel Corporation, (see ILB summary here - 2nd case) has occasioned a press release today from U...
Child Custody and Relocation: New Indiana Supreme Court Case
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I reported on the Baxendale v. Raich Court of Appeals decision in Relocation - brand new case from the Indiana Court of Appeals. Yesterday, the Indiana Supreme Court issued its opinion upholding the trial court and reversing the Indiana Court of Appeals...