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MMLU / A brother and a sister purchased land under a deed that conveyed title to them…

Problem

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question

A brother and a sister purchased land under a deed that conveyed title to them as joint tenants with right ofsurvivorship. Common law joint tenancy is unmodified by statute in the jurisdiction. The purchase price was 50,000,ofwhichthesisterpaid50,000, of which the sister paid 10,000 and the brother paid $40,000. The sisterlater mortgaged her interest in the land. The brother then died testate, leaving his entire estate to a cousin. Thesister later paid off her mortgage debt, and the mortgage was released. At the present time, who owns the land?
Plain-text mathematical notation (without MathML)
A brother and a sister purchased land under a deed that conveyed title to them as joint tenants with right ofsurvivorship. Common law joint tenancy is unmodified by statute in the jurisdiction. The purchase price was 50,000,ofwhichthesisterpaid10,000 and the brother paid $40,000. The sisterlater mortgaged her interest in the land. The brother then died testate, leaving his entire estate to a cousin. Thesister later paid off her mortgage debt, and the mortgage was released. At the present time, who owns the land?
Original LaTeX notation
A brother and a sister purchased land under a deed that conveyed title to them as joint tenants with right ofsurvivorship. Common law joint tenancy is unmodified by statute in the jurisdiction. The purchase price was $50,000, of which the sister paid $10,000 and the brother paid $40,000. The sisterlater mortgaged her interest in the land. The brother then died testate, leaving his entire estate to a cousin. Thesister later paid off her mortgage debt, and the mortgage was released. At the present time, who owns the land?

choices

  1. The answer depends on whether the jurisdiction follows the lien theory or the title theory ofmortgages.
  2. Title is entirely in the sister as the surviving joint tenant.
  3. Title is in the sister and the cousin as equal tenants in common.
  4. Title is in the sister and the cousin as tenants in common, with the sister having a 20% interest and thecousin having an 80% interest.

subject

professional_law

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