MARSHALLi KF 400 .H67 1895 LEMS QUIZ. lOUITY JURISPRUDENCE- WEST PUI'.LISHING CO., St. Paul, Minn. Ql0rn?U ICam ^rl^nnl Htbrary iMatatiall lEquttg (EoUcrtton (gift of IE- 3J- iiarsljaU. ILffi. 1. 1394 Important „ "These Problems are intendea as an aid to help the student throu;T;hout his course on this fiubject» Each Problem is founded on an actual case^ ano the student, in orae/ to correctly answer the question, must be able to apply the principles he has learned to the facts of that case before ho cr-n Intelligently answer the questions, T>is makes it ■.mpossible for him to p' ss over the subject in a 'superficial manner, as tr:e problems cannot be an- swered by a simple repetition of the text^ The last ehapter is a revieT.^ on the whole 'subject, and is intended to ref-esh the memory after the preceding work has. been thoroughly done. Answers in printea form, citing the case from vThich the problem is made, will be furnished to the professor ^ho adopts the book- This plan is proving more satisfactory than other Quiz Systems, ano we hope you will find it a very material aid in your work," Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31 9240842631 71 CORNELL UNIVERSITY LIBRARY 3 1924 084 263 171 PROBLEMS AND QUIZ ON EQUITY JURISPRUDENCE BY EARL P. HOPKINS, LL. B., A. B. Aathor of Problems and Quiz on "Criminal Law," "Common Law Pleading,' "Contracts," "American Constitutional Law," etc. St. Paul, Minn. WEST PUBLISHING CO. 189s Copyright, 1895, KY WEST PUBLISHING COMPANY. s PROBLEMS AND QUIZ ON Iequity jurisprudence 3 fEspecially adapted for use with Fetter's Handbook of Equity Jurisprudence.] CHAPTER L NATURE AND DEFINITION OF EQUITY. 1. Into what two classes may the dejQnitions of equity given by text writers be divided? 2. What were the chief duties of the lord chancellor during the reign of the Conqueror? 3. What was the origin of actions on the case? 4. What were the principal differences in the functions and du- ties of the chief justiciars and of the first lord chancellors? 5. Since equity has become "crystalized and defined," has it any power of expansion? PKOB. EQ. JUK. — 1 2 PRINCIPLES DEFINING AND LIMITING JURISDICTION. [Ch. 2 CHAPTEE n. PRINCIPLES DEFINING ANT) Ll^nTTNG- .TURISDICTION. 1. Will an injunction be granted, restraining a criminal prosecu- tion under an ordinance whicli is claimed to be invalid? 2. Can equity restrain an arrest under the law for prevention of cruelty to animals, when it is claimed that the statute has not been violated, and great business injury would result? 3. Will a court of equity take jurisdiction of a case against a solicitor practicing in the court, if there is an adequate remedy at law? 4. Will an injunction be granted to restrain the sale of goods which a consignee has fraudulently transferred to his assignee for the benefit) of creditors? 5. In a state where the law courts have jurisdiction of an action to recover a partnership debt out of the estate of a deceased partner, would equity also have jurisdiction of such cases? 6. Can a suit be maintained in equity to recover a fund impressed with a trust, if an action of assumpsit for money had and received would lie ? 7. Where equity has enforced a contract to deliver an insurance policy, will it also decree payment of the policy, if a loss has oc- curred? 8. The pleadings in a case present an equitable issue, but the facts found on the trial show that an adequate remedy existed at law. Will the court grant equitable relief? 9. Where a bank is required to pay the taxes assessed on the stock of individual stocldiolders, can it bring suit to restrain the col- lection of an illegal tax on such shares? Ch. 3] THE MAXIMS OF EQUITY. 3 CHAPTER in. THE MAXIMS OF EQUITY. 1. Will equity interfere by injunction to grant relief on the ground that the defendant is insolvent, and that, therefore, there is no adequate remedy at law? 2. Where a judgment creditor of a city seeks to compel a tax levy to pay his claim, and the officers who should levy the tax re- peatedly resign, will a court of equity appoint some one to levy a tax to pay the judgment? 3. Will equity relieve a tenant from a forfeiture of his lease, in- curred by nonpayment of rent? 4. Where a sealed instrument had been discharged by payment, but no release under seal had been given, as required by the com- mon law, what relief would equity give? 5. A. executes to B. a deed of lands to which he has no title. He could have obtained title for himself, but, instead, procures the lands to be conveyed to his wife. Can B. compel a conveyance of the title? 6. A man covenants to settle lands he does not at the time possess. He afterwards acquires lands of less value. Will his purchase be considered as part performance of his covenant? 7. Could injury to a dam situated in Maine be restrained in any case by injunction in a court of New Hampshire? 8. When a court of equity malies a decree affecting lands in another state, is it bound by the law of the state where the lands are situated? 9. When equity has jurisdiction of the defendant, will it entertain a suit to restrain a nuisance located beyond its territorial jurisdic- tion? 10. Where the donee of a power in trust had an option to select a beneficiary out of several of a specified class, and the donee fails to execute the power, how will equity dispose of the property? 11. Do courts of equity follow the law as to the statute of limita- tions? 12. Are any forms of limitation of estates valid in equity which are invalid in law? 13. How does the maxim that where the equities are equal the law will prevail become operative? 14. Certain property owners refuse to pay a paving assessment which they claim has been levied unequally, and ask an injunction to restrain the sale of their lots for nonpayment of the assessment. What maxim applies, and how? THE MAXIMS OF EQDITY. [Ch. 3 15. A contract for the sale of land was made while the currency was on a specie basis. WUl equity decree specific performance if the vendee tenders the price in legal-tender notes, which are at tliat time depreciated? IC. When one who has loaned money at usurious interest seeks to enforce his claim in equity, must the borrower pay what is justly due before he can set up the usury? 17. Complainant's trade-mark represents that his cigars are made in Havana, when in fact they are made in New York. Will a court of equity aid him by restraining an infringement of the trade-mark? 18. Will a court of equity entertain a bill to obtain cancellation of a judgment at law founded on a note, the consideration for which was an election bet? 19. Where a mortgage is given partly for an illegal consideration, will equity aid at all in its enforcement? 20. Where both a legal and an equitable remedy existed for a cause of action, and the legal remedy has become barred by the statute of limitations, will the remedy in equity be barred also? 21. In cases where the parties are members of the same family, will delay to sue be more or less excusable than if they were straur gers? ^h. 4] THE DOCTRINES OF EQUITY. CHLU'TER IV. THE DOCTRnSiES OF EQUITY— ESTOPPEL, ELECTION, SATIS- FACTION, PERFORMANCE, AND CONVERSION. 1. In equitable estoppel, is it necessary that tlie false represen- tation should have been the sole inducement by reason of which the one seeking to assert the estoppel was induced to change his position? 2. Is a person estopped by silence to assert rights to property which appear of record? 3. Where a person makes statements which are false, because of a mistake of law on his part, will he be estopped to contradict his statements? 4. Can one partner rely on representations made to him, if his co- partner had information which would have shown the falsity of the statements? 5. Where the one seeking to assert an estoppel has, in changing his position, done only what he was by law bound to do, does any estoppel arise in his favor? 6. A testator, by his will, attempts to dispose of land belonging to one to whom, by the same will, lands are devised in trust. Does a case for election arise? 7. By an invalid will, land is attempted to be devised to a stran- ger, and by the same instrument a valid bequest in lieu thereof is made to the heir. Must the heir elect? 8. A testator devises part of his lands to his widow, and directs the sale of the balance, and the disposition of the proceeds. Must the widow elect between the devise and her dower? 9. Where there is a case for election, will the signing of a con- veyance of one of the tracts be considered an election? 10. Can an election made under mistake of law be revoked? 11. WUl a bequest to one to whom the testator is indebted for a breach of trust, be deemed a satisfaction of the debt owing to the cestui que trust? 12. Does a presumption that a legacy to a creditor was intended as a satisfaction, ever arise when the debt was contracted after the execution of the wiU? 13. Or when the legacy is contingent? 14. A man covenants to settle certain land on his daughter and the remainder to her issue in tail. By a subsequent will, he gives the land to her and the remainder to her issue in fee. Is there a satisfaction? 6 THE DOCTRINES OF EQUITY. [Ch. 4 15. Will a bequest to a daughter before her marriage be adeemed by a gift to her husband after marriage? 16. Is it necessary fliat a sum secured by settlement to a son at his marriage should be paid, in order that it shall operate a» an ademption of a previous legacy? 17. A testatrix bequeathed $10,000 to her child, with limitation over to a charity. She afterwards transferred $12,000 in bonds to the joint names of herself and the child. What was the effect on the legacy? 18. Under the doctrine of performance, what is the effect when the lands that descend to the covenantee are less in value than those to be purchased under the covenant? 19. There is a covenant to bequeath a certain amount of prop- erty within a given time. After the time has passed, the cove- nantor dies intestate, and the covenantee is entitled to part of the estate as an heir of the covenantor. Is it a case of performance? 20. Will a direction to executors to sell land work a conversion, if discretion is given them to fix the price and terms of sale? 21. Or if they are not to sell until the widow shall cease to de- sire it as her home, and unless it will bring $10,000? 22. Does an order of a probate court to sell lands work a con- version? 23. A testator directs, "All the rest of my estate of what kind soever there may be at my death shall be turned into money by my executors." Would real estate acquired after making the wUl be converted? 24 A testatrix directs lands to be sold, but prohibits a sale be- fore 10 years, and provides that the executors shall not be com- pelled to sell before 15 years have elapsed. When does the con- version talie place? 25. There was a sale of land, notes being taken in payment, and a bond given to convey title upon full payment. If there was a conversion, when did it take effect? 26. The purchase money of land contracted to be sold was not paid until after the death of the vendor. Will it go to his heirs? 27. Where land has been sold, under an order of court, to pay the debts of the deceased owner, and a surplus remains, will it be distributed as land or as money? 28. A testator directs certain land to be sold, and . bequeaths the money to a charity. The bequest was void. Will the heir or the residuary legatee take? 29. Land is directed by will to be converted into money. The purpose partly fails. To whom, and in what form, does the sur- plus go? Ch. 4] THE DOCTRINES OF EQUITY. 7 30. Money is directed by will to be invested in land. The pur- pose partly fails. To wlioni, and in what form, does the surplus go? 31. Where money is directed to be laid out in land for several persons, can one of them elect to take his share in money? 32. Where land is directed to be sold, and the proceeds divided among several, can one of them elect to take his share as land? DOCTKINES OF EQUITY. CHAPTER V. [Ch. 5 DOCTRINES OF EQUITY (Continued)— CONFLICTING RIGHTS OF PURCHASERS, ASSIGNEES, ETC. 1. Is one who takes a deed of land from an administrator, as such, charged with notice of the rights of the heirs? 2. Is notice that a person claims as heir an interest in land devised to another, on the ground that the wiU is invalid, also no- tice that such person claims an interest in the same land under the will? 3. May either implied notice or constructive notice be rebutted by testimony? 4. Will the mere sale of property for a very inadequate price be enough to put a person on inquiry? 5. Is notice of facts which exempt a person from liability in one transaction also notice in subsequent transactions of the^ same kind between the same parties? C. Is the question of whether possession was such as to give notice one for the court or for the jury? 7. Would the plowing of land in full view of a public road be sufQcient possession to give notice? 8. Or cutting willows annually for a number of years? 9. Or boarding up doors and windows, and leaving furniture in the house, after a tenant had moved out? 10. Or hanging out clothes to dry on a vacant city lot? 11. Do recitals in a mortgage have any effect to bind a prior mortgagee who witnesses the second mortgage? 12. Is notice of a fact to a trustee regarded as notice to the cestui que trust? 13. Or is notice to a husband notice to the wife? 14. Or is notice to an officer's deputy notice to the officer? 15. Is it necessary that a conveyance be recorded, in order to take precedence over a prior unrecorded conveyance, of which there was no notice? IC. A conveyance is executed, but not recorded. The grantee then maJies a deed to a third person, which is recorded. Will this record be notice to a subsequent purchaser from the first grantor? 17. A deed is not recorded, but the grantee gives the grantor a mortgage on the land for the purchase money, which is recorded. Will the record of the mortgage prevent a subsequent purchaser from the first grantor getting a good title? Ch. 5] DOCTRINES OP EQUITY. 9 18. Or, where a mortgage to secure tlie purchase money is re- corded before the. deed conveying the land, will a subsequent pur- chaser from the mortgagor be bound by the record? 19. Does the doctrine of lis pendens apply to an action affecting a steamboat? 20. A negotiable note is transferred at a time when a suit is I)ending which affects the title to the realty which was the con- sideration for the note. Is the transferee affected by the lis pendens? 21. Is the pending of an action for conspiracy to defraud no- tice of the invalidity of a mortgage which was the subject of the alleged conspiracy? 22. Is one who has bought property without notice, and has given security to pay the purchase price, a bona fide purchaser? 23. Or a purchaser who has agreed to pay a debt owed by the vendor? 24. Or an assignee in bankruptcy? 25. Is one who takes land, with notice of prior equities, and pays no consideration, protected, if his grantor was a bona fide purchaser? 26. Does one who purchases a chose in action for a valuable consideration, and without notice of prior equities, have a right superior to those equities? 27. Is one who purchases land, with notice of a prior contract to lease, bound to make a lease according to the contract? 28. Would an equitable lien of a lessor upon the chattels of the lessee, arising from a stipulation in the lease, be superior to a sub- sequent mortgage upon the same chattels, duly executed and re- corded? 10 DOCTRINES OF EQUITY. [Ch. & CHAPTER VI. DOCTRINES OF EQUITY (Continued)— PENALTIES AND POEr- FEITURES. 1. "Would the words "forfeit and pay" in a provision in a con- tract providing for a case of its breach, be considered to denote a penalty, or liquidated damages? 2. What is the difference in effect between holding a sum named in a contract a penalty or liquidated damages? 3. Where there is a contract that obligor's steamboats shall not ply in certain waters for three years, how will a sum named therein, to be paid in case of breach, be treated? 4. Is a promise of marriage a proper case for an agreement for liquidated damages? 5. Or an agreement by an employ^ not to become intoxicated? 6. Or an agreement to assign a mortgage? 7. Or to execute and deliver a deed of land? 8. Or an obligation that a third person shall perform a con- tract made by him? Ch. 7] GROUNDS FOB EQUITABLE RELIEF. IJ CHAPTER Vn. GROTHSTDS FOR EQUITABLE RELIEF. 1. Will relief for accident be given one whose negligence las' caused the accident? 2. How will equity afford relief to a judgment creditor, where the records of the court in which his judgment was rendered have been destroyed by accidental fire? 3. Where a wiU is canceled under a mistaken belief that a sub- sequent one was properly executed, will equity give any relief, against the heir, to a devisee who was to receive certain lands under both instruments? 4. An apprentice pays a considerable premium in consideration of the master's agreement to teach him the trade. If the master is unable to do so, by reason of bankruptcy, will equity relieve on the ground of accident? 5. A landowner consented to the opening of a highway through his premises, believing that it could be legally opened without his consent under a previous order of the highway commissioners. If the order could not have had such effect, would equity permit him to withdraw his consent? 6. Is a mistake as to the time a certain claim would be barred by the statute of limitations one of fact or of law? 7. A person makes a contract, induced thereto by the mistaken belief that there was a usage in the vicinity by which a ton meant 2,240 pounds, instead of 2,000. Will equity give him any relief? 8. Is a mistake in the construction of a clause of a written contract one of law or of fact? 9. Is a mistake as to the legal effect of technical words in a deed one which wiU be relieved against? 10. Where a man makes a contract, relying on a decision of the supreme court of the state, and the decision is subsequently overruled, can he be compelled to carry out the contract? 11. What kind of a mistake is an error in the description of the land intended to be conveyed by a deed? 12. Can a fact which has merely been forgotten furnish ground for relief on account of mistake? 13. Will a mistake as to the value of a partnership interest warrant a sale of such interest being set aside? 14. Where a contract is made with a belief that a certain l^w will be passed by the legislature, can the contract be set aside if the law is not passed? 12 GROUNDS FOR EQUITABLE RELIEF. [Ch. 7 15. One who owned a right of way extinguished it by purchas- ing the servient estate. Could relief be had on a subsequent con- tract made in the belief that the. right of way still existed? 16. Could a sale of bonds be avoided because of a mutual mis- take of the fact that they were at a premium? 17. Parties to a suit, mistakenly supposing that costs had been adjudged against defendant, agree that plaintiff shall pay the costs, and that defendant shall pay him the note in suit, which is admit- ted to be a just claim, and repay the costs. Is the agreement binding? 18. Will actual misrepresentation of a matter of law amount to fraud? 19. Or as to the legal effect of a contract? 20. Or the validity of a patent? 21. Or as to the law of a foreign state? 22. Are misrepresentations as to the value and utility of a machiue fraudulent? 23. Are false statements as to the facts on which the vendor's opinion of value is based, actionable? 24. Where one is induced to grant a lease through misrepre- sentations by the lessee as to the purpose for which he intends to use the premises, can relief be granted on the ground of fraud? 25. Can a party have relief for fraud when there were other in- ducements for his entering into the contract than the false state- ments of the other party? 26. Would false representations by an insurance agent, to one whom he was seeking to insure, as to the persons who were to constitute the local board of directors, be material? 27. Is it necessary that representations, to be fraudulent, be re- lied on by the very person to whom they were made? 28. Is a grantor liable for false statements as to his title, when he has conveyed by a quitclaim deed? 29. Are contracts made by a monomaniac voidable in all cases? 30. Will a conveyance ever be set aside on the ground that the consideration was inadequate, and the grantor an ignorant person? 31. Is it sufficient to show that a person is an habitual drunk- ard, in order to have a contract made by him set aside? 32. How does the duress sufficient to avoid a contract in equity differ from duress at law? 33. WUl a contract made by an agent who is acting for both principals be valid? Ch. 7], GKOUNDS FOR EQUITABLE RELIEF. 1& 34. Can an agent buy for himself Ms principal's property at judicial sale? 35. Can an agent acquire a tax title to his principal's property for his own benefit? 36. After an agency is at an end, can the one who was agent use special knowledge acquired in his employment, in contracting with his former principal? 37. Is a will by a ward, devising property to his guardian, void? 38. If, after the relation of guardian and ward has terminated, the parties enter into a transaction, upon whom will the burden of proof as to the continuance of the influence rest? 39. Will a secret intention on the part of a debtor to pay one of his creditors in full out of future earnings, give his other cred- itors a right to avoid a composition which they have entered into?^ 40. If a man buys land of a debtor, and pays full value, can the deed be set aside, if the grantee knew facts which might have shown him that the grantor was making the conveyance with a view to- delaying his creditors? 41. Is marriage such a consideration as will prevent a convey- ance being set aside by creditors whom the grantor intended to- defraud, the grantee being ignorant of the fraudulent intent? 42. A debtor, just before making a general assignment, canceled on his books a claim against one who was insolvent. Can the creditors of the assignor have the cancellation set aside? 43. Can a mortgage be set aside by creditors, if it is given for an antecedent debt, and the mortgagee knew that the mortgagor wa& embarrassed financially? 44. Is a wife who is prosecuting an action for divorce, and claim- ing alimony, such a creditor that she can attack a fraudulent con- veyance? 45. Is one who is surety for a debtor entitled to have a convey- ance by the latter set aside, as fraudulent, if the surety has at tliat time paid nothing on the obligation into which he entered? 46. Where there has been a conveyance of property to defraud creditors, can a bona fide purchaser from the fraudulent grantee- hold the property against the creditors of the first grantor? 14 PROPERTY IN EQUITY TRUSTS. [Cll. iS CHAPTER Vm. PROPERTY IN EQUITY— TRUSTS. 1. Did a cestui que use always have a remedy in the courts to •compel the trustee to perform his duty? 2. Can a state legislature convey lands in trust, and appoint the trustees? 3. Can an infant trustee, in all cases, disaffirm, on the ground of minority, his conveyances of the trust property? 4. If it is attempted to create a trust in realty by parol, and the statute of frauds is not set up in defense, what will be the effect? 5. Can an express trust in lands be proved by parol evidence if there has been part payment of the purchase money, and occupa- tion of the land? 6. When a corporation is appointed trustee by a will, who can raise the question of the corporation's power to act as trustee? 7. Is a husband competent to act as trustee of his wife's sepa- rate estate? 8. Is it essential to the validity of a trust that the cestui que trust be a person in being at the death of the testator who creates the trust? 9. If property be settled in trust for the benefit of persons ad- hering to a particular denomination, how will the courts deter- mine what persons are within the terms of the trust? 10. If a creditor is given power to sell his debtor's land to pay the debt due him, does he become a trustee for the debtor? 11. Would a deed conveying lands, with power to the grantee to sell them and pay certain debts of the grantor, be a mortgage, or a deed of trust? 12. Can a trust by which the alienation of real estate is sus- pended be created, to continue for a gross term of years? 13. Will proof that the settlor created the trust for the purpose of evading a collateral inheritance tax make the trust invalid? 14. Where a trust is illegal in part, what is the effect upon the balance? 15. A testator directs the investment of his property under trusts which are invalid in the state of his domicile, but valid in the state where the investment was directed to be made. Will the trusts istand? 16. Can a settlor create a trust estate in fee, to be given in futuro, reserving the use to himself as long as he lives, no valuable consideration being paid? Cll. 8] PROPERTY IN EQUITY TRUSTS. 15 17. Is a trust executed for a natural child of the settlor valid? 18. Is it necessary to the validity of a trust that the cestui que trust express an assent to the terms of the trust? 19. In a trust to pay over the rents and profits of the trust es- tate to the cestui que trust during his life, is a clause valid which provides that the cestui que trust shall not anticipate the profits, or alienate his interest? 20. When a debtor has deeded his property in trust for his cred- itors, does anything remain in him which can be levied on at law? 21. Would the words, "It is my wish and will, he shall give," etc., be sufflcient to create a precatory trust? 22. Would a devise in trust, for the aid and support of such of settlor's children and their descendants as may be destitute, be valid? 23. Will a bequest to keep in repair a memorial window in a church be valid as a charitable trust? 24. Could a devise be upheld, as charitable, if the funds were to be used in distributing the works of Henry G-eorge on land owner- ship? 25. Where an agent takes money belonging to his principal, without the latter's knowledge, and invests it in land, will the agent be held a trustee for the principal? 26. A person buys and pays for lands, but takes the title in the name of another person, who agrees to repay him the purchase price. Does a trust result in favor of the one who paid for the land? 27. If a deed expressly states that the conveyance is for the use of the grantee, and is for a valuable consideration, can a resulting trust be established by parol in favor of another person, who in fact paid the purchase price ? 28. Where a person purchases land in his own name, with money borrowed under an agreement to return it, or invest it in land, does a trust arise in favor of the one furnishing the money? 29. A father, being insolvent, purchased land, in the name of a trustee, for the benefit of his children. Can the father's creditors reach the land? 30. Where two purchase land on credit, title being taken in the names of both jointly, and one afterwards pays the whole pur- chase price, does a trust result in his faA^or? 31. If a trustee uses trust funds in purchasing real estate in the name of another, to whom wUl the trust result? 32. A deed, by mistake, conveys too much land. The gran- tee sells the whole tract. What are the original grantor's rights against his grantee? 16 PROPERTY IN EQUITY TRUSTS. [Ch. 8 33. The owner of a life estate pretends to sell to another the whole fee. The grantor subsequently acquires the remainder. What is the relation of the parties? 34. Where one obtains a devise by representing that he will hold it for the use of another, can the trust be established by parol? 35. Can a testator name trustees to carry out the provisions of his will, and give them power to appoint their successors? 36. Can one who accepts an appointment as trustee, under a trust which he knows to be fraudulent as to creditors, set up the invalidity of the trust against the beneficiaries? 37. Land is devised to trustees, to sell and pay debts. Can they be compelled to execute the trust where the land is situated out of the state? 38. Can the administrator of a trustee who held trust property at his death set up claims to the property inconsistent with the trust? 39. If a trustee makes no effort to obtain a tenant for trust prop- erty, but occupies it himself, how will the rent he is to pay be de- termined? 40. Where a will directs funds left in trust to be invested in certain securities, and such securities cannot be obtained, what are the trustees to do with the funds? 41. How should a trustee deposit trust funds in a bank, in order to escape liability in case of loss? 42. Can a cestui que trust maintain a bill for an injunction to prevent his trustee from wrongfully appropriating the trust prop- erty? 43. A third person claims title against a trustee in possession under the trust. Can the cestui que trust bring a bill in equity against the trustee and the third party, to settle the conflicting claims? 44. If a trustee denies the rights of his cestui que trust, and as- serts an adverse title in himself, from what time does the statute of limitations begin to run against the cestui que trust? 45. Can a bill against an eleemosynary corporation, to enforce a trust, be filed by the heirs of the founder? 46. Can a court of equity require a trustee to convey the trust property to the cestui trust by a general warranty deed? Ch. 9] PROPERTY IN EQUITY — MORTGAGES, LIENS, ETC. 17 CHAPTEE rX. PEOPEKTY EST EQUITY (Continued)— MORTGAGES, LIENS, AND ASSIGNMENTS. 1. Land is conyejicd to trustees, to be by tbem conveyed to one who has advanced money to the owner, if the money is not re- paid by a certain day. Is the transaction a mortgage? 2. Where there is doubt whether a transaction is a mortgage or a conditional sale, what is the effect of showing that the relation of debtor and creditor does not exist between the parties? 3. Or that there was a covenant to repay the money? 4. Or that the grantor remained in possession, but paid no rent? 5. Or inadequacy of the consideration, considering the value of the property? 6. If a mortgage is sold for a less sum than the face of the mort- gage, will the mortgagor, in redeeming from the assignee, have to pay the full amount secured, or only as much as the assignee paid, with interest? 7. If, after the recording of an assignment of a bond and mort- gage, the mortgagor pays the mortgagee, can the assignee recover from the mortgagor the amount due? 8. Where land is conveyed "subject to the payment of a mort- gage" specified, does the grantee become personally liable for the payment of the mortgage? 9. A deed recites that the grantee assumes the payment of a certain mortgage on the land. Will the grantee be bound to pay, if he does not sign the deed ? 10. Will an extension of time granted to the mortgagor by the mortgagee release the land from the mortgage, in the hands of one who has purchased it subject to the mortgage? 11. In a foreclosure suit, is the mortgagor a necessary party, if he has sold his equity of redemption? 12. Or a remainder man? 13. Or judgment creditors having a lien on the mortgaged prop- erty? 14. Or claimant by adverse title? 15. Is an agreement, subsequent to the execution of a mortgage, for a release of the equity of redemption to the mortgagee, valid? 16. What is the rule of contribution between the owners of several parcels of land covered by one mortgage, where the mort- gagor has sold the whole tract to one person, who conveys in par- cels to successive purchasers? P lOB.BQ.JDB.— 2 18 PROPERTY IN EQUITY MORTGAGES, LIENS, ETC. [Ch. 9 17. In the use of shares of stock for security, does the delivery of the certificate, with a power of attorney to transfer on the com- pany's books, constitute a mortgage, or a pledge? 18. Does an executory agreement in writing to transfer, as se- curity, certain property named therein, give an equitable lien on that property? 19. When it is attempted to give a mortgage, and the purpose fails because of defective execution, will an equitable mortgage arise, if the instrument which was given lacked the acknowledg- ment required for mortgages? 20. Or if the name of the grantee was omitted? 21. How would an assignment by the vendee, under a contract for the sale of land, be treated in equity, if made to secure a debt? 22. Will equity give a joint tenant a lien on his cotenant's share for rents collected by the latter before a partition of the land? 23. Does the lien of a vendor for unpaid purchase money attach, where the pale is by operation of law? 24. Can a vendor's lien exist when the consideration for the conveyance is the assumption by the grantee of certain debts owed by the grantor? 25. Property is conveyed to a married woman, who mortgages it back, but the mortgage is invalid because her husband does not join. Can the grantor claim a vendor's lien? 26. Does an agreement to receive a mortgage upon the land conveyed operate as a waiver of the vendor's lien? 27. Where the testator has specifically bequeathed aU his per- sonal estate, and used words sufficient to charge the realty with the payment of his debts, which is the primary fund to which creditors must resort? 28. A testator gives a legacy, but makes no provision as to how it shall be paid. The personal estate is less than the amount of the legacy. What is the effect? 29. In the absence of a statute permitting assignments of choses in action, can an assignee sue at law a debtor who has assented to the transfer? SO. Can a seaman on a whaling ship assign the share of the profits which he is to receive in lieu of wages, before the voyage begins? . 31. Can a woman about to be married make a valid release of any possible interest she may have in her husband's estate? 32. Is an agreement, between partners, that all salaries received by any parbaers from any public office shall belong to the firm valid? Ch. 9] PROPERTY IN EQUITY MORTGAGES, MENS, ETC. 19 33. Can there be a valid assig-mnent of the proceeds of sales of goods expected to be made in the future? 34. Or of costs in a suit now pending, which are not yet accrued? 35. Or of insurance money, before any loss occurs? 36. Can a cause of action for a tort be assigned in a state where, by statute, all causes of action survive? 37. Is a chose in action, assigned in equity, subject to attach- ment by a creditor of the assignor? 20 EQUITABLE REMEDIES. LCh. It) CHAPTER X. EQUITABLE EEIMEDIES— ACCOUNTING— CONTRIBUTION- EXONERATION— SUBEOaATION AND IMARSHALING. 1. Can a bill for an accounting be maintained in equity by tlie assignee of a patent medicine, against defendants, as general agents of the assignor? 2. Or against an assignee in insolvency, in favor of creditors? 3. Or by the administrator of a mother, against her sons, as trus- tees of her separate estate? 4. Or by stockholders in a banking corporation, against the di- rectors? 5. What is the efEect when a creditor refuses to make application of a payment according to the direction of the debtor at the time of payment? G. A debtor ships cotton for sale on account to a creditor. Must the debtor direct the application of the payment at the time of ship- ment, or when the sale is made, in order to have it binding on the creditor? 7. T\'here a man makes a payment to one to whom he is indebted as surety for another, and also on his own account, how will the court apply the payment, in absence of an application by the parties? 8. C;in contribution be enforced, between joint owners of prop- erty, for expenditures made on account of the common property? 9. Wlien it is the duty of two counties to maintain a bridge, and judgment is recoveied against one of them for injuries caused by defects, can contribution be enforced against the other county? 10. Can a surety who has been compelled, by suit, to pay a debt of the principal, recover from the latter the costs of the action, as well as the amount of the debt? 11. Will the estate of a surety, when compelled to pay the prin- cipal's debt, have a right of subrogation? 12. Can one who pays another's debt, because of a mistaken be- lief that he is surety for such other, claim a right of subrogation? 1.3. When goods on which there is insurance are destroyed through the fault of a common carrier, must the carrier, or the insurance company, bear the loss? ^ll- 11] KQUITABLE REMEDIES. CHAPTER XL EQUITABLE REMEDIES (Continued)— PARTITION AND BOUND- ARIES. 1. Where one purchased at execution sale so much of a debtor's cellar as was not needed by the latter lor the storage of his vegeta- bles, can the purchaser have partition? 2. Can a testator, by direction in his will, prevent those to whom he devises land as joint owners from having it partitioned ? 3. Is there a right to bring a suit for partition without having first sought a friendly division of the land? 4. Is growing timber subject to partition? 5. Or a privilege to mine in lands belonging to another? 0. Can joint owners of a remainder bring partition against the life tenant in possession? 22 EQUITABLE EEMEDIES, [Ch. 12 CHAPTER XII. EQUITABLE EEMEDIES (Continued)— SPECIFIC PERFORM- ANCE. 1. Can a vendor of land compel specific performance by one wha has contracted to purchase? 2. Will a court of equity decree specific performance against a nonresident who is temporarily within its jurisdiction ? 3. Is the specific performance of a contract to convey land ever decreed, as to land beyond the jurisdiction of the court? 4. Or can a master in chancery be appointed to convey such land^ when the one who has contracted to convey refuses to do so? 5. Could the specific performance of a contract to sell govern- ment bonds be ordered, on the ground that defendant was insolvent? 6. Would a contract by which one party was to organize a railroad company, and the other was to give securities thereof, and a contract for the construction of a part of said road, be enforced in equity by a decree of specific performance? 7. Can specific performance be granted of a contract to give satis- factory security? 8. Will an agreement for the sale of a house, at a price to be fixed by two persons chosen by the parties, be enforced, if no time for such choice was fixed? 9. Will a court of equity compel a man to carry out a contract of sale which he made on the day he was of age, the price fixed being- about one-fourth the value of the land? 10. Will performance be granted of contracts founded on a plan to "corner" the market? 11. Can a vendee have a contract to sell land enforced, if the vendor had made a prior parol sale, of which the vendee was ig- norant? 12. Will a provision in a lease, by which the lessor agrees to con- vey at any time for a price named, be enforced at the suit of the lessee, who was not bound to buy? 13. Must the showing of fraud, upon which equity will refuse specific performance, be the same as would authorize it to set the contract aside? 14. Can specific performance be had where defendant obtained property under a parol promise to use it in a certain way, intending at the time not to perform, but to rely on the statute of frauds as a defense? Ch. 12] EQUITABLE REMEDIES. 23 15. One who has purchased under a parol contract sells to an- other, who erects expensive improvements. The original vendee subsequently buys the property back, and seeks to compel a convey- ance by the original vendor. Will he succeed? 16. WUl improvements made by a lessee constitute sufficient part performance to entitle him to specific performance, if such improve- ments were not stipulated for in the agreement for a lease? 17. Will ordering papers to be drawn up be such part perform- ance as will entitle one to the enforcement of a parol contract to con- vey? 18. Or would payment of the whole purchase price in services, according to the agreement? 19. Or fuU payment, and insolvency of the defendant? 20. Or part payment, and entry into possession? 21. Would the existence of a contingent right of dower defeat an action by a vendor for specific performance? 24 EQUITABLE REMEDIES. [Ch. 13 CHAPTER Xm. EQUITABLE BEMEDIES (Continued)— INJUNCTION. 1. In a case where there is ordinarily an adequate remedy at law, will the fact that the defendant is insolvent induce a court of equity to grant an injunction? 2. Can a mandatory injunction be issued to compel a railroad company to build a road which it is under contract to construct? 8. Will a defendant in a judgment at law be granted an injunc- tion on the ground that the judgment is void? 4. Can an action at law be enjoined where the motives of the plaintiff in such action at law are malicious? 5. Will injunction lie to restrain an action at law on a contract which was placed in escrow, and has been wrongfully delivered? 6. Can an owner of lauds have an injunction to restrain the sa.lf of his property upon a judgment rendered against another person? 7. Will an injunction issue to restrain the breach of a contract, where the one asking the injunction has an option to terminate the contract at any time? 8. Can there be an injunction to prevent the violation of an agreement not reduced to writing? 9. Where the title to property is being tried in an action of eject- ment, will an injunction be granted to restrain waste? 10. Or to restrain trespass? 11. Can a vendee under a contract of sale restrain the vendor from committing waste? 12. Will the opening of a street through a man's land, by a citv, before condemnation proceedings have been taken, be restrained by injunction? 13. A circus near a dwelling house is complained of as a nuisance, because of the noise and crowds. Will an injunction be granted, if the circus is going to be continued only a few weeks? 14. Will a man be restrained from work at his business, of tin- smith, at night, on the ground that it annoys his neighbors? 15. Is an owner of a reversionary interest entitled to restrain by injunction a nuisance which affects the property? 16. Will the obstruction of a navigable river ever be restrained at the suit of a private individual? 17. Will the publication of an abridgment of a copyrighted book be enjoined? Ch. 13] EQUITABLE REMEDIES. 25 18. Will an injunction be granted to prevent the unauthorized use of the title of a copyrighted book. 19. Can the sale of a book be restrained on the ground that it is made to closely resemble in external appearance a book which is copyrighted? 20. Can a man be restrained from using his own name as a trade- mark by another person of the same name, who had previously used the name as a trade-mark in his business? 26 EEFORMATION, CANCELLATION, AND QUIETING TITLE. [Ch. 14f CHAPTER XrV. EEFORMATION, CAISTOELLATION, AIrt) QUIETING TITLE. 1. Will equity reform an instrument by inserting an omitted clause of forfeiture and then enforce the forfeiture? 2. Does the right to have a contract reformed in equity pass tO' an assignee of the contract? 3. Will a court of equity ever decree the cancellation of a voidable policy of insurance? 4. Or of negotiable paper, after maturity? 5. Or of a deed executed, but never delivered? 6. Can a remainder-man maintain a bill to remove a cloud on title before the termination of the preceding life estate? Ch. 151 ANCILLARY REMEDIES. 27 CHAPTER XV. A2JCILLAEY REMEDIES. 1. Will equity compel discovery in aid of an action in a foreign jurisdiction? 2. Can evidence obtained from a defendant by discovery be used against a codefendant? 3. When a defendant has been compelled to make discovery, can he use his statements therein as evidence for himself? 4. Where complainant seeks discovery in order to attack defend- ant's title, is a plea by defendant that he is a bona fide purchaser, for value, a good defense to the bill for discovery? 5. Can a bill to perpetuate testimony be maintained by one who has no vested interest in the subject-matter, but only a strong ex' pectancy? 6. Can one whose evidence is sought to be obtained by a bill to perpetuate testimony be compelled to testify? 7. Would a bill de bene esse issue to examine a material witness, about to leave the jurisdiction? 8. Can a man be prevented by injunction from leaving the state? 9. Can the writ of ne exeat issue in a state where imprisonment for debt is forbidden by the constitution? 10. Where one creditor claims money due on his debtor's in- surance policy, and another claims the same money under a special lien, does a case for interpleader arise? 11. Can a man who has taken possession of property to protect one whom he supposes to be the owner, compel the one from whom he took it to interplead with the owner? 12. Where an attorney has made collections for a client, can he compel the client to interplead with a person who claims the money by a derivative title from the client himself? 13. Can a lessee have an interpleader when the rent is claimed by the heir of the lessor, and by a devisee? 14. Or a sublessee, when rent is demanded of him by both the original lessee and the original lessor? 15. Can a receiver in possession of property be deprived of it by execution on a judgment issued prior to his appointment? 16. WUl a receiver ever be appointed to take charge of the assets of a partnership when a dissolution is not asked for? 28 ANCILLARY REMEDIES. [Ch. 15 17. Can a remainderman ever have a receiver appointed, as against a tenant for life? 18. Will a receiver ever be appointed on the ground that the affairs of a corporation are being mismanaged, if no winding up of the company is sought? 19. Will a receiver ever be appointed to take charge of the prop- erty of a municipal corporation? Ch. 16] GENERAL QDIZ ON EQUITY JUEISPEUDEKCE. 2S> CHAPTER XVI. GENERAL QUIZ ON EQIHTY JURISPRUDENCE. 1. Define equity. 2. Distinguish between law, equity, and justice. 3. Give the three great divisions of equity jurisdiction. 4. Name the principal creations of equity. 5. Sketch briefly the origin of the high court of chancery. 6. How did the office of lord chancellor originate? 7. What was the principal cause of the origin and growth of equity jurisprudence in England? 8. In what ways have the relations of equity to the law been changed? 9. What reasons are there for preserving separate jurisdiction of courts of chancery? 10. In which of our courts is equity administered? 11. What are the differences in the practice in equity and in law? 12. Give the history of the use of the subpoena in chancery. 13. What is there in the procedure of equity that tends to extend the jurisdiction of the court? 14. Define jurisdiction. 15. What must be involved, in order that jurisdiction will at- tach? 16. What is the meaning of the phrase, "full and adequate remedy at law"? 17. How is the extent of the equitable jurisdiction of the federal courts determined? 18. What courts exercise original equitable jurisdiction? 19. WTiat courts exercise appellate equitable jurisdiction? 20. In what cases have courts of chancery exclusive jurisdiction? 21. Give the distinctions between the extraordinary and the equitable jurisdiction of a court of chancery. 22. \Miat general classes of cases fall within the auxiliary juris- diction of equity? 23. What are the ordinary means of enforcing obedience to the decrees of the court? 24. In what sense is a bill a conscience searcher? 25. What is a maxim? 30 GENERAL QUIZ ON EQUITY JURISPRUDENCE. [Ch. IG 26. Give the maxims of equity. 27. Explain the maxim that equity will not suffer a right to be without a remedy. 28. Explain the maxim, equity acts in personam. 29. Does the maxim that equity acts in personam mean that the jurisdiction of a chancellor extends to suits for personal injuries? 30. When will the court of equity grant relief as to proi)erty lying outside of its territorial jurisdiction? 31. What was decided by Penn v. Lord Baltimore? 32. What is meant by the maxim that equity follows the law ? 33. Are there any exceptions to the rule that equity follows the law? 34. Explain the meaning and scope of the maxim, equity imputes an intention to fulfill an obligation. 35. Apply the maxim, equity imputes an intention to fulfill an ■obligation, to cases of advancement. 36. Explain the meaning and application of the maxim, equity regards that as done which ought to be done. 37. Illustrate the maxim, he who comes into equity must come -with clean hands. 38. What is the rule as to relief from gaming transactions? 39. Is there any relief from a judgment rendered upon a gaming ■contract? 40. How does equity regard stale claims? 41. What is the difference between laches in chancery and limita- tions at law? 42. When, in an equitable proceeding, will the statute of limita- tions be a good bar? 43. From which time will the statute of limitations run in an ■equitable action for relief on the ground of fraud? 44. Explain the maxim that equality is equity. 45. Explain the maxim, he who seeks equity must do equity. 46. Compare the maxim, between equal equities the law will prevail, with the maxim, between equal equities priority of time will prevail. 47. Name the several kinds of estoppel. 48. What is an equitable estoppel? 49. Who are bound by matter of estoppel? 50. To what extent does equitable estoppel operate against mar- ried women and infants? 51. Name the elements of estoppel in pais.