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MMLU / In a jurisdiction using the grantor €”grantee indices, the following events have…

Problem

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question

In a jurisdiction using the grantor €”grantee indices, the following events have occurred in the order listed below:(1) In 1962, a grantor conveyed to a man a tract of land by a deed that was immediately recorded. (2) In 1982, the man died a widower and devised the tract of land to his assistant by a will that was duly admitted to probate. (3) In 1993, the assistant mortgaged the tract of land to a mortgage company to secure a note for $25,000, due on December 31, 1993, with 9½ percent interest per annum. (4) In 1996, the mortgage company recorded the mortgage. (5) In 2003, in a signed writing, which the assistant delivered to his daughter, the assistant promised to convey the tract of land to the daughter by a quitclaim deed and pay the mortgage debt when it came due. If the assistant refused to convey the tract of land to the daughter and the daughter brings suit against the assistant to compel a conveyance of the property, the daughter will most likely

choices

  1. prevail, because there was an effective gift.
  2. prevail, because there was an effective assignment.
  3. not prevail, because there was no consideration to support the assistant's promise to convey the property.
  4. not prevail, because specific performance will not be granted where there is an adequate remedy at law.

subject

professional_law

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