REAL PROPERTY-EASEMENTS-EXTINCTION OF EASEMENTS CREATED BY IMPLICATION OR PRESCRIPTION ON SALE OF SERVIENT LAND TO BONA FIDE PURCHASER

Plaintiffs and defendants owned adjoining farms. About thirty years ago their predecessors in title had constructed an underground tile drain from plaintiffs\u27 farm to and across defendants\u27 farm. In 1934 this drain was obstructed. In 1941 the servient farm was sold to defendants, who gave value and had no knowledge of the existence of the drain. Plaintiffs sought an injunction to compel removal of the obstruction. The lower court found that plaintiffs had acquired a prescriptive right to use the drain before it was obstructed, but refused to grant the injunction on the ground that defendants as bona fide purchasers had taken the servient land free of the easement. On appeal, held, reversed. An easement created by prescription or implication is not extinguished by sale of the servient land, even to a bona-fide purchaser. McKeon v. Brammer, (Iowa 1947) 29 N.W. (2d) 518

CORPORATIONS-APPLICABILITY OF GENERAL CORPORATE DISSOLUTION PROCEDURE TO ASSOCIATIONS ORGANIZED UNDER BUILDING AND LOAN ACT

Building and loan associations are organizations designed for the general purpose of accumulating by gradual payments of their members a fund to be invested primarily in loans on real estate. At present these organizations almost invariably are corporations for profit. Because of their economic importance these associations have long been regarded as affected with a public interest and therefore subject to a higher degree of regulation than would be sustained in the case of ordinary profit-making corporations. Special legislation is necessary because building and loan associations differ widely from other corporations in financial structure and operation

PATENT LAW-PATENTABILITY AS AFFECTED BY THE LAW OF NATURE RULES-THE KALO DOCTRINE

Kalo Company sued Funk Brothers for equitable relief in a federal district court, alleging infringement of product claims to a bacteria inoculant. The district court found infringement of the claims, but held them invalid for want of invention. The circuit court of appeals reversed, holding that the product claims were valid and infringed. On certiorari, the Supreme Court reversed, stating that the newly discovered law of nature, that is, that certain strains of each species of bacteria are mutually compatible, was not patentable, although a practical application of this law might be. The majority opinion also stated that for purposes of determining whether the level of invention was reached, the law of nature and its practical application must be looked at separately rather than as a unit, even though the two are the closely related results of the one person\u27s research. Thus the practical application, apart from the discovery of the law of nature, must itself show inventive genius. The Court admitted that in this case the discovery of the law of nature was ingenious, but held that once the law was known its practical application merely required the exercise of ordinary skill

FUTURE INTERESTS-COMMON LAW RULE AGAINST PERPETUITIES NOT IN FORCE IN IDAHO-APPLICABILITY OF STATUTE AGAINST SUSPENSION OF POWER OF ALIENATION TO OPTION CONTRACT

Seller contracted to give purchaser sixty days notice of his intention to sell certain real property, purchaser to have power, in that event, to buy the property for a stated price within the sixty days. If the purchaser failed to exercise the option, seller was then free to convey the property to anyone. Alleging that seller had conveyed the land to others without notice to him, purchaser sued to have this conveyance set aside and the option specifically enforced. The lower court sustained a general demurrer to the complaint. On appeal, held, reversed. The statutory rule against restraints on alienation has replaced the common law rule against perpetuities in Idaho. The option contract in this case does not violate the statutory rule. Locklear v. Tucker, (Idaho 1949) 203 P. (2d) 380

FUTURE INTERESTS-RULE AS TO REMOTENESS OF VESTING IN CALIFORNIA

T devised the income of a trust to his unmarried daughter for life. If at her death there were living issue of the daughter, the income was to be distributed to such issue until 24 years after T\u27s death. The trust was then to terminate, unless issue, who had been living at T\u27s death, should survive the 24-year period, in which event the income was to continue to be distributed until the death of such issue. It was further provided, if my said daughter survives me, but at the time of her death leaves no issue of hers then living, the trust shall at the time of her death terminate . ... On termination of the trust, gifts in remainder were limited to surviving children of the life tenant, to surviving issue of deceased children, to surviving named relatives and friends, and to surviving issue of those deceased. If none of these distributees or their children were living at the time of distribution, T\u27s heirs were to take the corpus. The probate court found the entire trust invalid because non-separable gifts in remainder violated both the common law rule against perpetuities and the statutory rules prohibiting restraints on alienation. On appeal, held, reversed. Although the contingent remainders did not violate the statutory rule against restraints on alienation, all contingent remainders except those to named relatives and friends were void under the common law rule against perpetuities, which is in force in California. However, the valid portions of the trust are separable from the void ones. In re Sahlender\u27s Estate, (Cal. App. 1948), 201 P. (2d) 69

Light Front Theory Of Nuclear Matter

A relativistic light front formulation of nuclear dynamics is applied to infinite nuclear matter. A hadronic meson-baryon Lagrangian, consistent with chiral symmetry, leads to a nuclear eigenvalue problem which is solved, including nucleon-nucleon (NN) correlations, in the one-boson-exchange approximation for the NN potential. The nuclear matter saturation properties are reasonably well reproduced, with a compression modulus of 180 MeV. We find that there are about 0.05 excess pions per nucleon.Comment: 6 pages, Revtex, one figure; version resubmitted to Phys. Lett.

Calculation of the photoionization with de-excitation cross sections of He and helium-like ions

We discuss the results of the calculation of the photoionization with de-excitation of excited He and helium-like ions Li$^{+}$ and B$^{3+}$ at high but non-relativistic photon energies $\omega$. Several lower $^{1}S$ and $^{3}S$ states are considered. We present and analyze the ratios $R_{d}^{+\ast}$ of the cross sections of photoionization with de-excitation, $\sigma_{(d)}^{+\ast}(\omega)$, and of the photo-ionization with excitation, $\sigma ^{+\ast}(\omega)$. The dependence of $R_{d}^{+\ast}$ on the excitation of the target object and the charge of its nucleus is presented. Apart to theoretical interest, results obtained can be verified using such long living excited state as $2^{3}S$ of He.Comment: 10 pages, 6 table

Exact Treatment of the Pauli Exclusion Operator in Nuclear Matter Calculation

Exact expressions of the Pauli exclusion operator Q in the nuclear matter calculation are presented in detail. Exact formulae are also given for the calculations of the single-particle-potential energy and the binding energy per nucleon with the exact Q operator. Numerical calculations of the G matrix in the lowest-order Brueckner theory are carried out to check the reliability of the standard angle-average approximation for the Q operator by employing the Bonn B and C NN potentials. It is observed that the exact treatment of the operator Q brings about non-negligible and attractive contributions to the binding energy.Comment: 16 pages, 3 figure