New construction for sale in Gauley Bridge, West Virginia.
Call!. Gauley Bridge, West Virginia. Property with spectacular mountain and river views.This land for sale is approximately 70 acres overlooking the … DomesticSale.com. Real estate listing with photos. Rent, sell or buy property. read more…
Realty Company Expands with Growth of Park West Community – South …
Park West Realty has sold more property in Park West than any other South Charleston real estate company. They have been involved with the expansion of the community from its beginnings and are looking forward to further growth in the near … Luxury home accommodations have been recently added in a new neighborhood called Park Island which is a gated 30-acre enclave on the Wando River. In addition to the existing residential and commercial structures, there are plans for … read more…
BOCA WEST HOMES FOR SALE: MAKING HOME AFFORDABLE PROGRAM
242 properties are currently for sale in Boca West. The highest priced house ($2.5mm) is on 1.25 acres (3 lots), 5 bedrooms, 6 1/2 baths, 4 car garage, 10133 sq ft of living space and features a 5000 sq ft circular great room and a/c tennis court. ….. aerobics and yoga, theater parties and day trips. Location is on the North side of Glades Road and west of Powerline (a/k/a Jog) Road. Schools include Calusa Elementary, Omni Middle, and Spanish River High School. … read more…
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PEI Real Estate Waterfront & Waterview
Demand for PEI real estate and particularly Ocean and River properties has been on a steady increase over the past 5 years. The
increase in demand was accompanied by a steady increase in price. The … read more…
Hampstead Estate Agents- Property, Sale and Lettings London NW3
Hampstead truly retains the charm of a village; a very exclusive area of London located north-west of Charing Cross situated in the London Borough of Camden. Hampstead has some of the most expensive h… read more…
China’s Energy Revolution
Welcoming China’s Energy Revolution
If we want an example of good long-term resource planning, we might want to look to China.
While the First World spent the last decade taking on debt and levering… read more…
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Voting Question: What is the Procedural history of St. Paul Fire and Marine Insurance Co. v. Toman?
I am trying to get into insurance sales and I was asked this question by a potential employer after I read a short briefing on the case. I don’t think I don’t think I got it right. Just wondering if I might of said the right thing or not.
Here is the case for quick reference:
Supreme Court of South Dakota.
ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff and Appellant,
v.
James T. TOMAN, Defendant and Appellee,
and
Van Collins, Defendant.
No. 14301.
Argued March 20, 1984.
Decided July 3, 1984.
Following filing of claim by insured for fire loss under a valued policy, insurer filed declaratory judgment action, asserting that insured had no insurable interest in house at time of fire. The Circuit Court, Sixth Judicial Circuit, Tripp County, Marvin S. Talbott, J., entered judgment in favor of insured, and insurer appealed. The Supreme Court, Hertz, Circuit Judge, held that: (1) though auctioneer was insured seller’s agent in auction of house which was to be removed from his farmstead, this did not establish authorization to execute instrument of conveyance on behalf of insured; (2) sale of the house was not a sale of an interest in land, and thus provisions of the Uniform Vendor and Purchaser Risk Act did not apply; (3) insured seller retained an insurable interest in the house after auction sale but before it was removed; and (4) insured was entitled to prejudgment interest only from the date of refusal of claim and not from date of fire.
Affirmed, with modification as to prejudgment interest.
West Headnotes
[1] Auctions and Auctioneers 6
47k6 Most Cited Cases
Auctioneer and clerk were agents of seller for purposes of selling his property at public auction sale.
[2] Auctions and Auctioneers 6
47k6 Most Cited Cases
Fact that auctioneer was seller’s agent in selling at public auction a house which was to be removed from seller’s farmstead did not establish that auctioneer was authorized to execute an instrument of conveyance on behalf of seller. SDCL 43-25-1, 59-8-1.
[3] Insurance 1790(5)
217k1790(5) Most Cited Cases
(Formerly 217k115(6))
Provisions of the Uniform Vendor and Purchaser Risk Act were not applicable to determine whether seller of house which was to be removed from his farmstead had an insurable interest therein after auction sale and before removal, since sale of the house was not the sale of an interest in land. SDCL 43-26-7.
[4] Property 4
315k4 Most Cited Cases
Sale at public auction of house which was to be removed from seller’s homestead was not the sale of an interest in land. SDCL 57A-2-107(2).
[5] Insurance 1790(5)
217k1790(5) Most Cited Cases
(Formerly 217k115(6))
Seller of house which was to be removed from his farmstead had insurable interest therein, after auction sale but before the house had been removed, where buyer knew that seller was occupying the house at least on a part-time basis and that removal of house would have to be negotiated with seller. SDCL 57A-2-104(1), 57A-2-107(2), 57A-2-501(2), 57A-2-509(3), 58- 10-8.
[6] Interest 39(2.35)
219k39(2.35) Most Cited Cases
(Formerly 219k39(2))
Insured was entitled to prejudgment interest on claim for fire loss under a valued policy only from the date of refusal of the claim, and not from date of fire, absent showing that insurer was dilatory in conducting an investigation of claim, and absent other evidence upon refusal of claim, date of refusal would be fixed on date that summons and complaint in insurer’s declaratory action was served on insured.
*147 Michael L. Luce of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellant; Carleton R. Hoy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on brief.
Mark F. Marshall of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellee; Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, and Michael Strain, White River, on brief.
HERTZ, Circuit Judge.
Plaintiff-appellant St. Paul Fire and Marine Insurance Co., (Insurer) appeals from a declaratory judgment in favor of the defendant-appellee, James T. Toman (Toman). The judgment awarded Toman $28,000.00 under a valued policy issued by the insurer, together with prejudgment interest computed from September 26, 1981, the date of the fire. Insurer claims the trial court erred in the awarded judgment, and in the prejudgment interest calculation. We affirm, and modify the prejudgment interest award.
In a newspaper display advertisement Toman advertised his public auction for September 23, 1981. Among the items listed for sale was a 24 foot by 40 foot house which was to be removed from Toman’s farmstead. Prior to the auction sale, the auctioneer announced that the house had to be removed under terms negotiated by the buyer and Toman.
Van Collins was the successful bidder at the sale. He purchased the residence for $3,250.00, and issued his check to the auctioneer f
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Resolved Question: wild marijuana in minnesota?
I was wondering if wild marijuana plants grow and spreads at a fast rate in Minnesota
I know marijuana grows pretty good over in minnesota, and it can spread if not controlled…… the spreading of wild marijuana in minnesota might be a problem because ive found wild marijuana growing at our school and its on our property and we have land in SD and theres probably about a thousand wild marijuana plants growing around there…..(well there was a few years ago now its all taken) but anywayse back to my queston
Why is there so much wild marijuana growing in south west MN, and why dont the police or someone try to get rid of it cuz its spreading like weeds over here, and whats the best places for marijuana to grow in the wild (I live in a river valley so that might help it grow idk)
wow no wonder marijuana grows great here cuz all my 40 acers are in a river valley with rich dark soil and plenty of sunlight and its about 75 to 80 degrees most of the summer…. my property= perfect conditions for marijuana hahaha maybe ill start packing it up and see how much dry marijuana i can get
thanks for all your responses!!
lol and i was jk about harvesting it
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Resolved Question: The way of establishing peace and solidarity in the middle east.?
There are four major problems the Middle East has been unable to resolve:
1) Despite rapidly changing internal dynamics, democratization has not been achieved and the people are still not effective and influential in decision-making mechanisms and processes.
2) Economic resources are being wasted; no effective measures have been taken to deal with the problem of equitable distribution of income.
3) Islam and the civilian and political institutions of Muslims are ignored by the global system. When Muslims are asked to integrate with the modern world, they are expected to wholly accept the Western lifestyle, resulting in a war against their traditions that blames their religion for their lack of assimilation. This is simply cultural colonialism that will be followed by military, political and economic one.
During a recent visit to Saudi Arabia, President Abdullah Gül mentioned a secret enmity against Islam in the West. This should be taken into account. After the dissolution of the Soviet bloc, the global system replaced the Soviets with Islam and Muslims, defining the religion as its enemy. From a historical perspective, Muslims and their Prophet were satanic people in the subconscious of Westerners. The West pursues a deliberate policy by which it seeks to keep Islam out of the political system because if it is allowed in, the external threat — or the demon that needs to be dealt with — will be within the system.
4) The Palestinian question, the source of many problems in the region, is not fairly and justly addressed. Unless this question is resolved, there will be no peace and stability in the region and the world. Resolution is possible only if Israel complies with the UN resolutions, withdraws its troops from the occupied territories and establishes good ties with the countries in the region.
There is one thing that Israel should know: It may not keep the territories it occupied under its control by making references to Prophets Abraham, Yitzhak and Jacob. It may not claim any right over the area stretching from the Nile River to the Euphrates, arguing that it is the “promised land.” This will mean that wars and conflicts in the region will continue forever.
And another point that remains ignored is this: The international powers that established domination in the region leave a legacy of crisis in the region when they withdraw. They leave many issues unresolved so that the future of the region struggles with chronic crises and problems.
There is not a single country in the region that does not have problems with its neighbors. The resolutions and projects imposed by external actors will cause further disagreements, disputes and conflicts in the region.
It seems the vast majority of the problems in the region have been imposed by the West. The political map of the Middle East, its repressive regimes and its pathological problems are not ours; they are neither the property of Islam, nor are they the legacy of Islamic history. They were created by the Westerners who left these problems unresolved. To this end, it could be said that the Middle East is a straitjacket that the Western world put on the Islamic world.
Our region has been ruled by big states and empires throughout history; different religions, sects and ethnic groups have coexisted in these vast political entities. People and groups from different ethnicities, religions and races still live together without any problem in the region. Creating pure ethnic or sectarian worlds may lead to great suffering.
We are going through a critical juncture. There is one fact that we should be aware of while the region is being reshaped: No single nation state, ethnic group or sect will survive this crisis by acting on its interests alone.
Turks, Kurds, Arabs, Turkmen, Persians, Sunnis, Shiites, Christians and Jews should have a broader imagination for a new world. Without imposing values, restricting the rights and freedoms of others or denying the identities of others, we may end the suffering by relying on mutual dialogue, tolerance, solidarity and common interest.
We can make the Middle East our common house where everybody is allowed to speak their own language by converting it from a Tower of Babel.
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