Miriam Billington

[Miriam Billington @ConcordSBAPrez]

Passed the bar! Thanks, Twitter, for making the MBE fun.

[Miriam Billington @ConcordSBAPrez]

That's it for Bar Tweets Summer 2010. Going into battle in about 12 hours. Catch you on the other side!

[Miriam Billington @ConcordSBAPrez]

A forged deed is void and cannot pass title, not even to a BFP

[Miriam Billington @ConcordSBAPrez]

most jurisdictions do not treat the judgment creditor as a "subsequent purchaser for value" under their recording statutes

[Miriam Billington @ConcordSBAPrez]

A hands deed to X, says give it to B when I die if B is still alive. Most cts say more than 1 condition invalidates present intent to convey

[Miriam Billington @ConcordSBAPrez]

Majority of jx say that a death escrow creates a life estate for the grantor and remainder interest for the grantee.(Some jx don't)

[Miriam Billington @ConcordSBAPrez]

grantor gives deed: rebuttable presump that there was delivery;grantor keeps it; no delivery; gives it to 3d party: escrow (no presumptions)

[Miriam Billington @ConcordSBAPrez]

As Lord Coke put it “As a deed may be delivered to the party without words, so may a deed be delivered by words without any act of delivery”

[Miriam Billington @ConcordSBAPrez]

Restatement says that there is deed delivery whenever the “donor manifests that the document is to be legally operative [immediately].”

[Miriam Billington @ConcordSBAPrez]

CommonEnemyRule:surface h20 is a com en of landowners-can change drainage or make improvmnts to combat surface h20,can't harm othrs land

[Miriam Billington @ConcordSBAPrez]

Prior appropriation doctrine:regadless of riparian status, first in time/first in right, priority of beneficial use

[Miriam Billington @ConcordSBAPrez]

Riparians share the right to reasonable use of the water. One riparian will be liable to the other for unreasonable interference

[Miriam Billington @ConcordSBAPrez]

Buyer takes subject to mortgage:not personally liable.But if that mortgage was recorded, mort remains on land,bank can foreclose,buyer's SOL

[Miriam Billington @ConcordSBAPrez]

Bc the mortgage was executed&recorded before the leases were executed, investor's rights as mortgagee in possession are superior to the Ts

[Miriam Billington @ConcordSBAPrez]

if the law is not discriminatory against women it just gets rational basis (always two separate steps: discrim? then which test?)

[Miriam Billington @ConcordSBAPrez]

Historically,bartender was not vic liable for injuries inflicted by an intoxicated patron but now dramshop acts change that

[Miriam Billington @ConcordSBAPrez]

Fee arrangements and payments are generally outside the protection of the attorney-client privilege.

[Miriam Billington @ConcordSBAPrez]

Whether a person's a purchaser is critical only if he's a 2d/subsequent purchaser.Irrelevant whthr 1st to take a deed is purchaser or donee

[Miriam Billington @ConcordSBAPrez]

store owner's sale of gun+ knowledge of D's plan to rob and his $ benefit from that knowledge shld suffice to impose accomp liability

[Miriam Billington @ConcordSBAPrez]

Section 5 of the 14A gives Congress the power to enforce the provisions of the Fourteenth Amendment by appropriate legislation.