Mortgages - Priorities -Mechanics\u27 Lien Attaching to Optionee\u27s Interest in Land Superior to Purchase Money Mortgage

The holder of an option to purchase land ordered building materials from plaintiff. The materials were delivered the same day. The option was subsequently exercised by the vendee, and a warranty deed received from the vendor. At the same time a deed of trust was executed and delivered by the vendee to the defendant to secure a loan for the purchase money. The trust deed was properly recorded. Upon a failure of payment, plaintiff filed its mechanic\u27s lien. Defendant subsequently foreclosed its trust deed. Plaintiff commenced this action to foreclose its lien. The trial court held the mechanic\u27s lien superior to the trust deed. On appeal, held, affirmed. An optionee is the owner of property within the meaning of the statute; the mechanic\u27s lien attaches when the materials are first delivered and there is no exception, in the case of a purchase money mortgage, to the statutory language giving mechanics\u27 liens priority over other subsequent encumbrances. Sontag v. Abbott, (Colo. 1959) 344 P. (2d) 961

Insurance - Recovery - Extent Under Interest Limitation Clause of the Standard Fire Insurance Policy

Plaintiff leased vacant land and erected a building thereon. At the election of the lessor the lease could be terminated upon thirty days\u27 notice, plaintiff having the right to remove the building. Defendant issued to plaintiff a policy insuring the building against loss by fire to the extent of the cash value of the property at the time of loss, but not exceeding the repair or replacement cost, nor in any event for more than the interest of the insured. The building was destroyed by fire and plaintiff sued to recover the full amount of the insurance. The trial court refused to admit defendant\u27s proffered evidence that three months prior to the fire plaintiff\u27s lessor served notice terminating the lease and had taken action to dispossess, and that plaintiff had made arrangements to have the building demolished. On appeal, held, reversed. As affecting the amount of the insured\u27s recovery under the interest limitation clause and as constituting a factor in the cost or value of the destroyed building the evidence was properly excluded. However, such evidence should have been admitted as bearing -on the question whether insured had any insurable interest in the building. Federowicz. v. Potomac Insurance Co., 7 App. Div. (2d) 330, 183 N.Y.S. (2d) 115 (1959)

Development of a Computational Framework for Estimating Knee Joint Contact Forces in Running

The prevalence of running as a form of exercise and the necessity of walking for simple locomotion obscure massive forces and moments within the body. An especial area of concern is the knee, as common among these injuries is knee pain as a result from high impact on the ground or ground reaction forces. These forces are altered by the foot strike pattern of the individual; in this study, either rearfoot strike (RFS) or forefoot strike (FFS). This alteration will impact internal forces conducted upward through the body. Given the complexity of the motion of running and the forces involved, is it useful to apply computational modeling to study the underlying mechanical aspects of walking and running. The OpenSim modeling software provides many of the resources required to create and test such actions. A generic musculoskeletal model is scaled to patient specifications, and using marker data and ground reaction force data, kinematics of the captured movement and individual muscle forces are calculated. A simulated model and computational tools allow for measurements physically impossible in vivo; specifically, the compressive tibiofemoral force that may have adverse effects on tissues such as articular cartilage or menisci. While the peak compressive force and ground reaction force (GRF) was found to be higher for FFS than RFS, the impact transient at initial contact was significantly reduced in FFS in both GRF and knee joint contact forces. These findings further explore the impact of gait alterations on internal loading and may provide evidence for future studies examining related parameters such as muscle activation or joint kinematics in association with joint force

Wills-Revocation by Act to the Document-Effect on Codicil

The term codicil generally refers to a supplement to a will by which the testator alters or adds to his will. It may be nominated a codicil by the testator or held to be one by judicial construction. If it is to be operative at all, a codicil must of course be executed with all the formalities required by the statute of wills. But, just as it is difficult to describe a codicil without reference to a primary testamentary document, so also is it difficult to determine the status of an otherwise valid codicil when the will it supplements has been revoked. When the will has been revoked, either by an express act of the testator or by operation of law, how should a court treat a codicil which itself has not been mutilated with intent to revoke and not mentioned expressly by a subsequent revoking instrument? It should be recognized at the outset that this question may be raised in either of two settings. First, should such an instrument be admitted to probate? Second, if admitted, what effect should be given to it? It is with the first of these two possibilities that this discussion is primarily concerned, for it is at the probate stage that the determination as to revocation must be made, and a probate court finding that the codicil has been revoked obviates the necessity for any inquiry into the meaning of its language

GENETIC CONTROL OF IMMUNE RESPONSES IN VITRO : V. STIMULATION OF SUPPRESSOR T CELLS IN NONRESPONDER MICE BY THE TERPOLYMERL-GLUTAMIC ACID60-L-ALANINE30-L-TYROSINE10 (GAT)

In recent studies we have found that GAT not only fails to elicit a GAT-specific response in nonresponder mice but also specifically decreases the ability of nonresponder mice to develop a GAT-specific PFC response to a subsequent challenge with GAT bound to the immunogenic carrier, MBSA. Studies presented in this paper demonstrate that B cells from nonresponder, DBA/1 mice rendered unresponsive by GAT in vivo can respond in vitro to GAT-MBSA if exogenous, carrier-primed T cells are added to the cultures. The unresponsiveness was shown to be the result of impaired carrier-specific helper T-cell function in the spleen cells of GAT-primed mice. Spleen cells from GAT-primed mice specifically suppressed the GAT-specific PFC response of spleen cells from normal DBA/1 mice incubated with GAT-MBSA. This suppression was prevented by pretreatment of GAT-primed spleen cells with anti-θ serum plus C or X irradiation. Identification of the suppressor cells as T cells was confirmed by the demonstration that suppressor cells were confined to the fraction of the column-purified lymphocytes which contained θ-positive cells and a few non-Ig-bearing cells. The significance of these data to our understanding of Ir-gene regulation of the immune response is discussed