Chancery Court Procedures Quiz

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Questions and Answers

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?

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?

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?

Tenancy in common. Signup and view all the answers

What happens in Equity when property is purchased in unequal shares by joint tenants?

The survivor becomes a trustee for the deceased’s estate's share. Signup and view all the answers

What legal title does the last surviving joint tenant hold after all others have died?

Sole tenant of the property. Signup and view all the answers

Which situation does not affect the joint tenancy in the context of property ownership?

The establishment of a formal will by a joint tenant. Signup and view all the answers

In which scenario does the undesignated beneficiary of a deceased tenant benefit from that tenant's share?

In a tenancy in common arrangement. Signup and view all the answers

What mechanism did the Chancellor use to compel a defendant to appear before the court of Chancery?

A subpoena with a monetary penalty Signup and view all the answers

How did the Chancellor enforce equitable decrees against a defendant in a conflict with Common Law?

By issuing a Common Injunction Signup and view all the answers

What was the result of a defendant's failure to obey an injunction issued by the Chancellor?

Imprisonment for contempt Signup and view all the answers

What was a key conflict between the Common Law and Equity systems?

The enforceability of equitable decrees Signup and view all the answers

Who was the chief legal opponent of the Chancellor during the Earl of Oxford's Case?

Chief Justice Coke Signup and view all the answers

What was Chief Justice Coke's position regarding the Chancellor's powers?

Chancery had no right to set aside Common Law judgments Signup and view all the answers

What was the significance of the Chancellor's role as King's Chief Minister in relation to Equity and Common Law?

It helped avoid open conflict for a prolonged period. Signup and view all the answers

What document or action did the Chancellor resort to in the situation with Onimisi and Namalam?

A Common Injunction Signup and view all the answers

What was the ruling in Rice v Rice regarding the vendor's lien?

The vendor's lien is postponed to a subsequent equitable mortgagee. Signup and view all the answers

What determines priority among successive assignees in Dearle v Hall?

The order in which assignees gave notice of their assignments. Signup and view all the answers

What does the maxim 'He who Seeks Equity must Do Equity' imply?

Plaintiffs must act equitably towards the defendant to obtain relief. Signup and view all the answers

In a scenario involving the consolidation of mortgages, what can a lender refuse?

To allow one mortgage to be redeemed while another remains unpaid. Signup and view all the answers

What is the outcome if E's property is gifted to X in addition to E's property?

E must allow the gift to X to take effect to claim his own gift. Signup and view all the answers

What does the concept of an equitable mortgage involve in the context of Rice v Rice?

Depositing title deeds to a bank without full payment. Signup and view all the answers

Which scenario reflects a violation of the principle of equity?

A party refusing to act fairly while seeking an equitable remedy. Signup and view all the answers

In the context of the Doctrine of Election, what is required from an individual receiving a gift?

They must allow other gifts to take effect. Signup and view all the answers

What is implied when partners acquire property through their business?

Beneficial tenancy in common Signup and view all the answers

What effect does severance have on a joint tenancy?

It converts it to a tenancy in common Signup and view all the answers

In the case of Ipaye v. Aribisala, what was the main issue regarding the joint tenancy?

Whether equitable mortgage affects joint tenancy Signup and view all the answers

What does the phrase 'jus accrescendi inter mercatores locum non habet' imply?

Tenancy in common is not subject to survivorship Signup and view all the answers

What happens to the right of survivorship if a joint tenant sells part of the property?

It is lost and converted to tenancy in common Signup and view all the answers

According to the Full Court's decision in the Ipaye case, what was the outcome of creating an equitable mortgage?

It resulted in tenancy in common in Equity Signup and view all the answers

What must occur for a joint tenancy to be legally severed?

A joint tenant must transfer their interest Signup and view all the answers

Why is the right of survivorship significant in joint tenancies?

It means the remaining tenant inherits the entire property upon death Signup and view all the answers

What must the court consider in addition to the delay by the plaintiff in cases of laches?

Acquiescence on the plaintiff’s part Signup and view all the answers

In the case of Aganran v. Olushi, why was the plaintiff's claim ultimately unsuccessful?

The plaintiff agreed to ratify the sale and did not act for three years Signup and view all the answers

What evidence supported the court's decision in Aganran v. Olushi regarding laches?

The defendants' actions to treat the land as theirs Signup and view all the answers

What does the term 'laches' refer to in legal context?

An unreasonable delay that results in the loss of a right Signup and view all the answers

In the case of Ephraim v. Asuquo, why was the plaintiff's claim for letters of administration set aside?

Significant time had elapsed since the grant Signup and view all the answers

Under what condition does the maxim 'delay defeats equity' not apply?

When the plaintiff is disabled Signup and view all the answers

What is a primary reason for the equitable doctrine of laches?

To ensure all claims are addressed promptly Signup and view all the answers

How did the actions of the defendants in Aganran v. Olushi demonstrate their belief in ownership?

They constructed buildings on the land Signup and view all the answers

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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Description

Test your knowledge on the procedures of the Chancery Court, focusing on how to compel a defendant to appear and enforce equitable decrees. This quiz covers critical aspects of court orders like subpoenas and the relationship between equity and common law. Explore the complexities of Chancery court methods through various scenarios.