Optional Reading Over the Winter Break

 In Spring Semester, we start off with a fairly deep dive into some constitutional law topics relating to property. The first topic we will will discuss is what some call the great debate between Original Meaning Originalism and the Living Constitution. Ilan Wurman has written an excellent introduction to originalism that should help you understand contemporary battles in the Supreme Court.

I am not assigning this book, just suggesting it for some good reading over the Winter Break. The book is both short and readable (and inexpensive). Here it is (Ilan Wurman, A Debt Against the Living: An Introduction to Originalism):

https://www.amazon.com/Debt-Against-Living-Introduction-Originalism/dp/1108412165/ref=sr_1_1?keywords=Ilan+Wurman%2C+A+Debt+Against+the+Living%3A+An+Introduction+to+Originalism&qid=1637711519&qsid=137-0178584-2236403&s=books&sr=1-1&sres=1108412165&srpt=ABIS_BOOK

You Did It!

  

                                         My Twin Grandchildren, Delaney and Duncan Carlson

 

 You survived the First Semester of Property. No class tomorrow, which means we are done for the semester.

I really enjoyed this year's Property class. This might be the last time I teach Property, and it has been a lot of fun. I am impressed with what I have seen so far, and I look forward to learning how you all do on the midyear exercise.

Keep watching the blog for an announcement of our pre-exam Q & A session.

Have a great Thanksgiving. Spend time with family and friends.

Mercer v. Wayman (p. 428)

 This case once again demonstrates the need for wills. Do you suppose John Mercer, who died intestate survived by 5 sons, two daughters, and his widow, would have wanted his farm to be owned in cotenancy by so many heirs? 

Or would he have wanted the farm to go to his son, Fred, maybe with a life estate for his (i.e. John's) widow (Fred's mother)? 

I don't know, but it would have been nice if John Mercer had a lawyer advise him about estate planning and then draft a will carrying out John's estate plan.

Notice the issue in this case involves what the law requires when one cotenant claims his sole possession of the property amounts to adverse possession against one or more of his cotenants. The issue is primarily about when the possession of one cotenant becomes "open and notorious" as to other cotenants.

Laura v. Christian and Economic Relations Between Cotenants

 We could spend several weeks studying all the complexities of the economic relations between cotenants.

In general, when a cotenancy comes to an end—usually in a partition action—there will be an accounting to settle up the economic relations among the cotenants. Some may have contributed more than their share to the upkeep of the property; some may have collected more than their share of the rents or profits. And all of these economic matters will be settled equitably by the court, as part of the accounting, when the property is sold and the proceeds of the sale are distributed to the cotenants.

Basically, that is all you need to know for purposes of this course. Just be aware of the need to settle all accounts equitably when the cotenancy is terminated.

Laura v. Christian (p. 420)

Pl (Laura) and three others owned Blackacre as tenants-in-common subject to a mortgage. The parties defaulted on their mortgage payments and the mortgagee (probably a bank) instituted an action to foreclose the mortgage. A foreclosure sale was ordered and Laura paid off the mortgage loan in full in order to protect the property from a forced sale upon foreclosure.

Who is suing whom for what in this case?

What is Laura's position? What is Christian's (Laura's co-tenant) position?

Exam Instructions

 

Final Examination

Wednesday, December 15, 2021

One (1) Hour Thirty (30) Minutes Exam 4 - CLOSED mode

BE SURE YOUR EXAMINATION IS

COMPLETE

 

Exam Number                    

 

 

 

 

 

 

 

INSTRUCTIONS

 

1.              This is a 90 minute closed book examination. You may not have any written or printed materials with you while taking the examination nor may you consult any written or printed materials before turning in all portions of the examination.

 

This exam should be taken using Exam 4 in CLOSED mode.

 

No cell phones or other unauthorized electronics are allowed in the exam room.

 

2.              Be sure that you have all pages of the examination question sheet.

 

3.              Be sure to place your examination number (not your name) on page 1 of this question sheet and on the answer sheet.

 

4.              Part II of this examination consists of multiple choice questions that must be answered in Exam 4 by clicking on the Multiple Choice tab at the top of the screen. Click the “Hide” button to toggle back to the essay page for Part I of your exam.

 

5.              If you finish the exam more than five minutes early, you can turn in your exam in the Dean's Office. Otherwise, you must turn in your exam in this room -- regardless of where you take the exam.

 

6.              You must return the exam questions.

 

7.              It is an Honor Code violation to reproduce or retain a copy of any portion of this exam.

 

  8.              Unless otherwise indicated in the questions, answer the questions in accordance with traditional common law rules and principles. In particular, unless otherwise indicated, you  should consider the following to be in force:

--Statute De Donis Conditionalibus

--Statute of Uses

--Statute Quia Emptores

--Rule in Shelley's Case

--Doctrine of Worthier Title

--Destructibility of Contingent Remainders

--Doctrine of Merger

--Rule Against Perpetuities

--Ordinary deed capable of creating any type of future interest which could be created by a conveyance operating under the Statute of Uses.  

 

9.              Your score will be based solely on the number of correct answers. It is therefore to your advantage to answer all questions. This examination counts for a total of 100 points and each question is of equal weight.

 

1.      

Remember there will also be 25 points allocated for attendance. So the exam counts for 100 points, but an additional 25 points can be earned by affirming attendance. Part I of the exam is where you will be asked to affirm your attendance.

 

1.     

Thinking versus Feeling: Something to Ponder Over the Weekend

Prof. R.C. Sproul has written something I think captures the essence of real education:

"I used to get cantankerous with my...students when I would ask for their opinion about a particular issue and they would answer 'Well. professor, I feel such and such is the truth.' I would reply, 'I did not ask you how you feel about it; I am asking what you think.' Conviction of truth is not a sensual matter; it is primarily the assent of the mind."

Something to think about as we enjoy a 3-day weekend.

Have A Great Weekend

 Remember, no class tomorrow. Let's celebrate a belated Veterans Day holiday tomorrow.

And vets in the class--thank you for your service and your sacrifices!

Wednesday November 10 Is Evaluation Day

 On Wednesday November 10, I will leave you alone for the first 15 minutes of class to give you time to complete the evaluations.

I will show up at 1:30 PM.

Profs. Robby George and Cornel West on Truthseeking and Democracy

 

 

 

If you are looking for something to do over the 3-day weekend, here is a link to an intresting program at Cornell Law School:

Truth-Seeking, Democracy, and Freedom of Thought and Expression

Check it out! Robert George and Cornel West discuss Truth-Seeking, Democracy, and Freedom of Thought and Expression as part of The Peter ’69 and Marilyn ’69 Coors Conversation Series. Click here to view the recording.