19 How must conveyances of real estate be acknowledged or proved to entitle the same to be recorded in this state? 20 A conveys certain premises to B. Before B has recorded his deed, A by a deed of a later date conveys the same premises to C, an innocent party acting in good faith, who records his deed at once. Thereupon B records his deed. C afterward conveys the premises to D. Who holds the better title as between B and C? as between B and D? 21 A owned a piece of land on which stood a barn. He sold a portion of the land, about one third of the barn being on the portion sold. No mention of the barn was made in the deed, but there was a parol agreement that the barn was reserved by A. Through various mesne conveyances the title to the portion so sold became vested in B. No one of the deeds mentioned the barn, but at the time of each transfer the purchaser was told verbally that the barn belonged to A. A moved the barn from B's land, though forbidden to do so by B. State what kind of an action B should bring; what would be the force of the parol reservation of the barn by A; whether evidence of this parol reservation would be admissible on the trial; which party should succeed. 22 A dies intestate, leaving a widow B, one son C, two grandchildren D and E who are children of a deceased daughter, and three great grandchildren F, G and H who are grandchildren of a deceased son of A and whose parent descended from A is not living, there being no other lineal descendants. Who of the above take A's real property and what estate descends to each one who takes? 23 What is title by prescription and on what theory does such a title vest? 24 Discuss the use of a seal on a deed; on a will devising real property. 25 What is the right of eminent domain? University of the State of New York Examinations Department 105th examination 2ND LAW EXAMINATION Personal Property, Corporations, Equity Jurisprudence Monday, November 21, 1892-7:30 to 10: 30 p. m., only Answer any 20 of these questions. Number each answer to correspond with the question answered PERSONAL PROPERTY I What are the sources of title to personal property? 2 When is personal property said to be held in (a) joint tenancy? (b) tenancy in common? (c) partnership? 3 What is the distinction, if any, between the ownership of a letter received, and of the matter which it contains? 4 What is a copyright? How is it granted in this country? Give an illustration. 5 In the case of a gift of a chattel, is delivery necessary? 6 May a gift be valid as between the parties and invalid as to third persons? Give reasons for your answer. 7 What statutory provision is made for the distribution of the personal property of a decedent who leaves surviving a widow and children? CORPORATIONS 8 By what authority do corporations exist? Distinguish between a corporation and a partnership. 9 In what cases, if any, can the rights of a private corporation be affected by act of the legislature? 10 What is a quasi corporation? Give an example. II Of what force are the by-laws of a corporation? 12 Discuss the question of the power of a corporation to take and to hold real property by deed and devise. 13 What, in this state, is (a) a domestic corporation? (b) a foreign corporation? Give an example of each. 14 Name three kinds of corporations (not mentioned on this paper), and give an example of each. 15 Discuss the following: Are national banks governed on the question of usury by state laws? Can corporations plead usury? Can sureties on a corporate bond plead usury? 16 Are corporate powers strictly or liberally construed? What is the reasoning on this subject? 17 What is the doctrine of ultra vires? Illustrate. 18 What statutory means are provided for the dissolution of corporations? EQUITY JURISPRUDENCE 19 State some of the principal maxims. 20 When one acting in good faith has made a mistake, under what circumstances will equity grant relief? 21 What classes of persons will equity relieve from their acts and contracts? 22 By what courts has equity been administered in this state? 23 Will a court of equity ever compel the performance of agreements which are within the statute of frauds, and for the breach of which no action will lie at law? 24 What must a plaintiff show who asks for the specific performance of an agreement? 25 State a few cases in which courts of equity will grant an injunction. University of the State of New York Examinations Department 110th examination 3D LAW EXAMINATION Personal Property, Corporations, Equity Jurisprudence Thursday, May 18, 1893 - 9:15 a. m., to 12: 15 p. m., only Answer any 20 of these questions. Number each answer to correspond with the question answered. PERSONAL PROPERTY I What does personal property include? What is the meaning of chattel ? 2 How is personal property mortgaged? 3 How is a mortgage on personal property foreclosed? 6 Outline the law relating to trade-marks. 7 A dies intestate (a) leaving a husband and three children; (b) leaving a husband, a brother and sister but no children. What becomes of her personal property in each case ? 8 A person dies intestate, leaving six grandchildren as follows: A, the child of a deceased son, B and C, children of another deceased son, D, E and F, children of a third deceased son. What disposition does the law make of the decedent's personal property? CORPORATIONS 9 What general classification may be made of corporations? Give examples. IO What classification is made by the New York state general corporation law? II What are the general powers incident to corporations? 12 What power do our statutes give to a stock corporation to mortgage its property? 13 What do our statutes prescribe in regard to the ownership by one corporation of stock of another? 14 What power has the legislature to alter or annul the charter of a corporation? 15 By common law what would become of the real and personal property of a corporation on its dissolution? 16 What right has a stockholder under our statutes to inquire into the finances of a corporation? 17 In what corporations may members vote by proxy and how must a proxy be given? EQUITY JURISPRUDENCE 18 What is an equitable as distinguished from a legal estate? 19 An executor under a will was directed to sell certain securities and invest the proceeds for the benefit of a certain cestui que trust. On the sale, which was by auction, he purchased the securities himself for $10000. He charged himself as executor with this sum but neglected to invest the money for a period of two years. One year after the sale he sold the same securities for his own benefit for $15000. At the end of the said two years an accounting was had. With what amount should he have been charged? 20 In what cases is the maxim "equality is equity" applied? 21 Under what circumstances will equity grant no relief against fraud? 22 Do courts of equity exercise an equally extensive jurisdiction in compelling the specific performance of contracts relating to real and of those relating to personal estate? Explain the difference. 23 What is known as the equity of redemption? 24 Distinguish between an assignee and a receiver. What are the duties of each? 25 Distinguish between the different kinds of injunctions. How and in what cases may a temporary injunction be granted? |