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MMLU / A professor was the record owner in fee simple absolute of a 30-acre tract of…

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question

A professor was the record owner in fee simple absolute of a 30-acre tract of land located in a small town. The professor made a conveyance thereof in these words, "I hereby convey my 30-acre tract to both my friend and my co-worker as joint tenants with right of survivorship. "Two years after making the conveyance to the friend and the co-worker, the friend executed a mortgage on the 30-acre tract of land to a bank to secure a loan. One year after executing the mortgage, the friend died intestate, leaving his uncle as his only heir. At the time of the friend's death, the indebtedness had not been paid to the bank. The jurisdiction in which the 30-acre tract of land is located recognizes a title theory of mortgages. In an appropriate action, the court should determine that title to the 30-acre tract of land is vested

choices

  1. in the co-worker, with the entire interest subject to the mortgage.
  2. in the co-worker, free and clear of the mortgage.
  3. half in the co-worker and half in the uncle, with both subject to the mortgage.
  4. half in the co-worker, free of the mortgage, and half in the uncle, subject to the mortgage.

subject

professional_law

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