Real Property - Restrictive Covenants - Effect of Expiration of Time Limitation in Deed Under General Plan

Plaintiffs were the owners of two lots in a subdivision originally owned by a real estate development company. Defendants were property owners or lien holders within the subdivision, the development company, and the prospective purchasers of plaintiff\u27s lots who refused to buy on the ground that the lots were subject to certain restrictions. All purchasers of lots within the subdivision had received the same form deed containing the identical provision that restrictions, including one prohibiting nonresidential use, were to be enforceable for twenty-one years from the date of each conveyance. The first lot was sold in 1927 and plaintiffs\u27 lots were conveyed in 1944. Plaintiffs brought suit for a declaratory judgment that their lots were no longer subject to the restrictions, since more than twenty-one years had elapsed from the date of the first conveyance in 1927. The trial court held that the restrictions were no longer enforceable by the other property owners and were not a cloud on plaintiffs\u27 title. On appeal, held, affirmed. From the date of the first conveyance in 1927, negative mutual easements were established for the entire subdivision and were enforceable by purchasers within the plan for a period of twenty-one years. At the end of that time, restrictions on the first purchaser\u27s land being unenforceable, mutuality among lot owners ceased and the restrictions on the remaining land became unenforceable by the lot owners. Stanton v. Gulf Oil Corp., (S.C. 1957) 101 S.E. (2d) 250

Habeas Corpus - Jurisdiction - Exhaustion of State Remedies as Prerequisite to Federal Relief

Petitioner, a prisoner of the Commonwealth of Pennsylvania convicted of armed robbery in 1947, filed a petition for a writ of habeas corpus in federal district court after several efforts to secure the writ in a state court had been unsuccessful. Jurisdiction was based on exhaustion of available state remedies. The petition alleged that the Commonwealth had violated petitioner\u27s rights under the due process clause of the Fourteenth Amendment by denying him the right to be represented by counsel at his trial. The Commonwealth moved to dismiss on the ground that the petition on its face showed that state remedies had not been exhausted. Following the hearing, held, writ granted. Since poverty prevented petitioner from ·paying the fees then considered mandatory for the filing of an appeal, he had sufficiently exhausted available state remedies. Failure of petitioner to be represented by counsel at his trial resulted in a denial of his constitutional rights. On petition for rehearing by the Commonwealth, held, denied. Even if, as now claimed by the Commonwealth, the filing fees were not mandatory, the case involved exceptional circumstances which allowed the court to issue the writ despite non-exhaustion of state remedies. Commonwealth of Pennsylvania v. Gavell, (W.D. Pa. 1957) 157 F. Supp. 272

Putting Infection Dynamics at the Heart of Chagas Disease.

In chronic Trypanosoma cruzi infections, parasite burden is controlled by effective, but nonsterilising immune responses. Infected cells are difficult to detect because they are scarce and focally distributed in multiple sites. However, advances in detection technologies have established a link between parasite persistence and the pathogenesis of Chagas heart disease. Long-term persistence likely involves episodic reinvasion as well as continuous infection, to an extent that varies between tissues. The primary reservoir sites in humans are not definitively known, but analysis of murine models has identified the gastrointestinal tract. Here, we highlight that quantitative, spatial, and temporal aspects of T. cruzi infection are central to a fuller understanding of the association between persistence, pathogenesis, and immunity, and for optimising treatment

Inspiration for the Future: The Role of Inspiratory Muscle Training in Cystic Fibrosis.

Cystic fibrosis (CF) is an inherited, multi-system, life-limiting disease characterized by a progressive decline in lung function, which accounts for the majority of CF-related morbidity and mortality. Inspiratory muscle training (IMT) has been proposed as a rehabilitative strategy to treat respiratory impairments associated with CF. However, despite evidence of therapeutic benefits in healthy and other clinical populations, the routine application of IMT in CF can neither be supported nor refuted due to the paucity of methodologically rigorous research. Specifically, the interpretation of available studies regarding the efficacy of IMT in CF is hampered by methodological threats to internal and external validity. As such, it is important to highlight the inherent risk of bias that differences in patient characteristics, IMT protocols, and outcome measurements present when synthesizing this literature prior to making final clinical judgments. Future studies are required to identify the characteristics of individuals who may respond to IMT and determine whether the controlled application of IMT can elicit meaningful improvements in physiological and patient-centered clinical outcomes. Given the equivocal evidence regarding its efficacy, IMT should be utilized on a case-by-case basis with sound clinical reasoning, rather than simply dismissed, until a rigorous evidence-based consensus has been reached

A colimit decomposition for homotopy algebras in Cat

Badzioch showed that in the category of simplicial sets each homotopy algebra of a Lawvere theory is weakly equivalent to a strict algebra. In seeking to extend this result to other contexts Rosicky observed a key point to be that each homotopy colimit in simplicial sets admits a decomposition into a homotopy sifted colimit of finite coproducts, and asked the author whether a similar decomposition holds in the 2-category of categories Cat. Our purpose in the present paper is to show that this is the case.Comment: Some notation changed; small amount of exposition added in intr