Flight v. Bentley, 7 Sim. 149; but they have been over-ruled by Moores v. Choat, 8 Sim. 508; and see Jenkins v. Portman, 1 Keene, 435. 13. How does an appointment affect the estate with reference to judgments against the appointor, who is also the party taking in default of an appointment? Ans. As by the 1 & 2 Vict. c. 110, s. 11, the sheriff may make and deliver execution of all lands over which the person against whom execution is sued, shall at the time of entering up the judgment, or at any time afterwards, have any disposing power, which he might without the assent of any other person exercise; it follows that if there be a judgment registered previously to the exercise of an appointment, it will bind the land in the hands of the appointee.-1 & 2 Vict., c. 110, s. 13. 14. Is a purchaser under an appointment, as in the last question, affected, and how, by any and what statute: Ans. By 1 & 2 Vict. c. 110, the sheriff may, under an elegit, extend lands over which his debtor has any disposing power, which he may, without the assent of any other person, exercise for his own benefit. Therefore, if the debtor has a power of appointment over lands, a judgment against him, if duly registered, will be binding on the estate, into whosesoever hands it passes. The contrary was the case before the 1 & 2 Vict. c. 110. For it was holden, in Doe dem. Wigan v. Jones, 10 B. & Cr. 459, where an estate was limited, as A. should appoint, and in default of appointment to A. in fee, that A. might defeat the effect of a judgment on the estate, by an execution of the power of appointment. See also Skeeles v. Shirley, 3 My. & Cr. 112; Burt. Compend. 66, note (a) by Cooper; Archb. Pract. by Chit. B. 1, pt. 1, ch. 5, s. 4; Abridgm. Prest. Abst. in 2 Week. Law Mag. p. 18. PREFACE. THE general approbation which the Questions and Answers for the preceding Terms have met with, has induced the Proprietors to continue them. At the suggestion of several Members of the Profession, the order of arrangement has been slightly altered in the present Work-the questions being given separately, whereby Students will have an opportunity of exercising themselves by writing out their own answers to them, the correctness of which can be tested by a subsequent comparison with the printed answers. It is hoped that this change will be found of general utility. QUESTIONS AT THE EXAMINATION OF ARTICLED CLERKS, IN MICHAELMAS TERM, 1843, &c. &c. QUESTIONS, PRELIMINARY. 1. Where, and with whom, did you serve your clerkship? 2. State the particular branch or branches of the law to which you have principally applied yourself during your clerkship. 3. Mention some of the principal law books which you have read and studied. 4. Have you attended any, and what, law lectures? COMMON LAW. 1. Can an infant maintain an action at law? If he can, are any, and what, preliminary steps necessary? 2. Where one of two joint obligors in a bond has died leaving executors with assets, and real estates which have descended to the heir, what parties should be made defendants in an action on the bond? 3. In what cases must husband and wife be joined as plaintiffs in an action, and in what cases may they? 4. Where a debtor has absconded before the commencement of an action, when is it possible to obtain judgment against him, and when must a creditor adopt other proceedings? 5. Where the writ of summons has been indorsed with a claim of a sum under £20, but the plaintiff recovers more than that sum either by verdict at Nisi Prius, or on a Judge's order to stay, will costs be allowed as under, or above £20? |