Podcast
Questions and Answers
What occurs to the property when one of the joint tenants passes away?
What occurs to the property when one of the joint tenants passes away?
- The surviving tenant takes a share of the property.
- The property is split equally among all original tenants.
- The whole property vests in the surviving joint tenant. (correct)
- The property remains in joint ownership until all tenants die.
In what scenario does a tenant in common pass their share to heirs rather than the surviving tenant?
In what scenario does a tenant in common pass their share to heirs rather than the surviving tenant?
- When the tenancy is classified as a tenancy in common. (correct)
- When there is only one joint tenant.
- When the property is mortgaged.
- When property is owned as a joint tenancy.
What is the principle applied when two individuals purchase property in equal shares as joint tenants?
What is the principle applied when two individuals purchase property in equal shares as joint tenants?
- The survivor becomes a trustee for the deceased's estate.
- The jus accrescendi operates, allowing the survivor to keep the whole property. (correct)
- They cannot dispose of their share without consent.
- The property is subjected to an automatic division upon death.
When two individuals lend money to a debtor who mortgages property to them jointly, what type of tenancy is implied?
When two individuals lend money to a debtor who mortgages property to them jointly, what type of tenancy is implied?
What happens in Equity when property is purchased in unequal shares by joint tenants?
What happens in Equity when property is purchased in unequal shares by joint tenants?
What legal title does the last surviving joint tenant hold after all others have died?
What legal title does the last surviving joint tenant hold after all others have died?
Which situation does not affect the joint tenancy in the context of property ownership?
Which situation does not affect the joint tenancy in the context of property ownership?
In which scenario does the undesignated beneficiary of a deceased tenant benefit from that tenant's share?
In which scenario does the undesignated beneficiary of a deceased tenant benefit from that tenant's share?
What mechanism did the Chancellor use to compel a defendant to appear before the court of Chancery?
What mechanism did the Chancellor use to compel a defendant to appear before the court of Chancery?
How did the Chancellor enforce equitable decrees against a defendant in a conflict with Common Law?
How did the Chancellor enforce equitable decrees against a defendant in a conflict with Common Law?
What was the result of a defendant's failure to obey an injunction issued by the Chancellor?
What was the result of a defendant's failure to obey an injunction issued by the Chancellor?
What was a key conflict between the Common Law and Equity systems?
What was a key conflict between the Common Law and Equity systems?
Who was the chief legal opponent of the Chancellor during the Earl of Oxford's Case?
Who was the chief legal opponent of the Chancellor during the Earl of Oxford's Case?
What was Chief Justice Coke's position regarding the Chancellor's powers?
What was Chief Justice Coke's position regarding the Chancellor's powers?
What was the significance of the Chancellor's role as King's Chief Minister in relation to Equity and Common Law?
What was the significance of the Chancellor's role as King's Chief Minister in relation to Equity and Common Law?
What document or action did the Chancellor resort to in the situation with Onimisi and Namalam?
What document or action did the Chancellor resort to in the situation with Onimisi and Namalam?
What was the ruling in Rice v Rice regarding the vendor's lien?
What was the ruling in Rice v Rice regarding the vendor's lien?
What determines priority among successive assignees in Dearle v Hall?
What determines priority among successive assignees in Dearle v Hall?
What does the maxim 'He who Seeks Equity must Do Equity' imply?
What does the maxim 'He who Seeks Equity must Do Equity' imply?
In a scenario involving the consolidation of mortgages, what can a lender refuse?
In a scenario involving the consolidation of mortgages, what can a lender refuse?
What is the outcome if E's property is gifted to X in addition to E's property?
What is the outcome if E's property is gifted to X in addition to E's property?
What does the concept of an equitable mortgage involve in the context of Rice v Rice?
What does the concept of an equitable mortgage involve in the context of Rice v Rice?
Which scenario reflects a violation of the principle of equity?
Which scenario reflects a violation of the principle of equity?
In the context of the Doctrine of Election, what is required from an individual receiving a gift?
In the context of the Doctrine of Election, what is required from an individual receiving a gift?
What is implied when partners acquire property through their business?
What is implied when partners acquire property through their business?
What effect does severance have on a joint tenancy?
What effect does severance have on a joint tenancy?
In the case of Ipaye v. Aribisala, what was the main issue regarding the joint tenancy?
In the case of Ipaye v. Aribisala, what was the main issue regarding the joint tenancy?
What does the phrase 'jus accrescendi inter mercatores locum non habet' imply?
What does the phrase 'jus accrescendi inter mercatores locum non habet' imply?
What happens to the right of survivorship if a joint tenant sells part of the property?
What happens to the right of survivorship if a joint tenant sells part of the property?
According to the Full Court's decision in the Ipaye case, what was the outcome of creating an equitable mortgage?
According to the Full Court's decision in the Ipaye case, what was the outcome of creating an equitable mortgage?
What must occur for a joint tenancy to be legally severed?
What must occur for a joint tenancy to be legally severed?
Why is the right of survivorship significant in joint tenancies?
Why is the right of survivorship significant in joint tenancies?
What must the court consider in addition to the delay by the plaintiff in cases of laches?
What must the court consider in addition to the delay by the plaintiff in cases of laches?
In the case of Aganran v. Olushi, why was the plaintiff's claim ultimately unsuccessful?
In the case of Aganran v. Olushi, why was the plaintiff's claim ultimately unsuccessful?
What evidence supported the court's decision in Aganran v. Olushi regarding laches?
What evidence supported the court's decision in Aganran v. Olushi regarding laches?
What does the term 'laches' refer to in legal context?
What does the term 'laches' refer to in legal context?
In the case of Ephraim v. Asuquo, why was the plaintiff's claim for letters of administration set aside?
In the case of Ephraim v. Asuquo, why was the plaintiff's claim for letters of administration set aside?
Under what condition does the maxim 'delay defeats equity' not apply?
Under what condition does the maxim 'delay defeats equity' not apply?
What is a primary reason for the equitable doctrine of laches?
What is a primary reason for the equitable doctrine of laches?
How did the actions of the defendants in Aganran v. Olushi demonstrate their belief in ownership?
How did the actions of the defendants in Aganran v. Olushi demonstrate their belief in ownership?
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Study Notes
Compelling Court Appearance
- Chancellor issued subpoenas to compel defendants to appear without writs, with penalties for non-compliance.
- Innovative solutions to enforce equitable decrees while respecting Common Law principles.
Equitable Remedies vs. Common Law
- Chancellor’s action led to the issuance of "Common Injunctions" to prevent defendants from pursuing their Common Law rights.
- Failure to obey such injunctions could result in imprisonment for contempt of court.
Tension Between Common Law and Equity
- Relations between Common Law and Equity were historically tense, eventually culminating in the Earl of Oxford's Case (1615).
- Chief Justice Coke declared Chancellor's imprisonment for disobeying injunctions unlawful, asserting the supremacy of Common Law.
Rice v. Rice (1854)
- Case centered around equitable liens and priority of mortgagees; established that vendor's lien was subordinate to another equitable mortgagee without notice.
Dearle v. Hall
- Case highlighted that equitable priorities depend on notice given to trustees, emphasizing the sequence of notifications over assignment order.
Maxim: "He who Seeks Equity must Do Equity"
- A principle dictating that a party seeking equitable relief must equally act with fairness towards the opposing party.
Doctrine of Election
- Principle stating a donor cannot accept benefits while rejecting obligations imposed by the gift.
Consolidation of Mortgages
- Concept allowing a lender to require the redemption of all securities if one is to be redeemed, preventing disproportionate advantage.
Joint Tenancy vs. Tenancy in Common
- Joint tenants acquire property as co-owners, heirs inherit nothing after death; contrasts with tenants in common whose shares can be inherited by successors.
- Equity treats joint tenants as tenants in common in certain situations: unequal shares, joint mortgage loans, and partnership properties.
Severance of Joint Tenancy
- Defined as converting joint tenancy into tenancy in common by actions like selling, gifting, or mortgaging a portion of the property.
Laches Doctrine
- Principle stating a delayed action by the plaintiff can lead to loss of rights, particularly if the defendant's position has changed due to the delay.
Notable Cases
- Aganran v. Olushi (1907): Emphasized the impact of laches on voidable sales due to family consent.
- Ephraim v. Asuquo (1923): Highlighted the concept of laches where substantial time lapsed since the issuance of administration letters.
Exceptions to Delay Defeats Equity
- Statutes of Limitation provide specific timeframes within which to act; delays within these periods do not invoke the laches doctrine.
- If the plaintiff is under disability during the period of delay, the principle of laches does not apply.
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