The news & observer., 1901-02-05

| lects the rents and profits of real estate
TO whom must he account therefor-to the
heirs Of the decedent or in his official
capacity to the Probate Courts?
80. AS regards personal assets may one
of several cO-eXecutors do whatever all
could have done or must they jointly act?
80. Would grave-stones or monuments
be items of cost to a reasonable amount
in the settlement of an estate?
81. What are the three fundamental
principles in Pleading which bring the
parties in an action to an issue?
80. What is meant by plea in confes-
sion aid avoidance?"
80. What is the distinction between the
competency and the credibility of wit
nesses?
81. Where the trial is by jury what are
the duties of the Court (Judge)?
50. Can a person who believes in God.
but who rejects the view that Jesus is
divine be examined as witness If he
is otherwise comnetent?
SO. May either the Judge who is presid
ing, or Juror who is trying the case,
ne sworn and examined as a witness in
the case?
81. What IS the general rule of deter
mining on which of two litigants the bur-
den OF proof lies, and what is the test of
the matter?
49, May an attorney be compelled to tes-
ify as to facts communicated to him by
his client if the client waive the prvil
SEP
80. Upon a plea of estoppel relying
upon the authority of res judicata, is the
former record evidence for the considera-
ton of the Court only. or is it. to be sub
mitted to the Jury upon proper instruc-
tions frcrn the Court?
40. What is meant by the maxim Equity
follows the Iaw?' - a
Al. What is meant by the term of bona
fide purchaser?
49, Give the distinction between a legal
and an equitable MORTGAGE
"A. Define constructive trust and give
an example?
40. Distinguish between actual fraud
and constructive fraud?
46. What are the leading classes or in
stances OF resulting trusts?
Az Would a contract in which the in
equalty-the inadecuacv of consideration
was gross. as. for instance, where an
agreement was made to pay a hundred
dollars for 4 bushel of ordinary wheat,
be enforced in equity; and # not, on what
grounds?
As. In the case of a mortgage in whom
is the legal title vested.
QUESTIONS ON THE CODE
10. What constitutes proof of the SER
vice of the summons?
80. Draw a verified complaint in which
the plaintiff is tne assignee o: a promisory
note, the summons having been issued
-
81. In what cases may person be arrest
ed in a civil action?
50. What course would you take to at
tach . debt due to the defendant from
third party?
IS. How does an issue of law arise?
T. b. when are the issues of fact to
20 made up?
80. What is special verdict?
90. MAY the appraisers include in the
lcmestead allotment tracts of land not
coptigrors?
81. What is the practice when the plain
tiff seeks to enforce money demand by
mandnmus?
5S. What is the jurisdiction of the Su
preme Court?
so. What becomes of the interest of
deceased partner in real estate used by
the partnership for purposes of trade or
manufacture?
so. What is the order of payment of
decedent's debts by his personal repre-
sentative, and what is the rate of pay
ment?
81. In case il should be come necessary
for the personal representative to sell
| the lands of the decedent to make assets
for the payment of debts is he authorized
10 sell such real estate as the decedent
may have conveyed with intent to defraud
| his creditors?
/ 62. Fow are the estates of intestates
distributed?
63. Is marriage valid without license
issued by the Register of Deeds?
81. Does the Statute of Limitations act
| on the right or on the remedy?
So. When is an action deemed to have
| commenced so as to take the case without
| the operation of the statute?
&C. Where (venue) NAV the plaintiff
bring his action to recover the amount
| principal more than 5000 due on a bond :?