Quiz 5
Instructions: Provide the following case questions with brief answer. If the question is in essay form, limit your answer into four to five sentences.
- The share of W in the estate of her deceased husband, including a real property, was sold by the deputy sheriff under an execution issued on a judgment against W in favor of X. The sheriff’s certificate of sale purported to convey not only the real estate but all the shares, actions, or interest of any kind which W might have in the estate of her deceased husband, including usufructuary and conjugal rights. X contends that by virtue of the sale he is entitled not only to appear as the owner of the property in the proceedings for the settlement of her deceased husband’s estate but also to exclude W from further participation therein. Did the sale subrogate X to all the rights of W in the estate? Explain.
- R (owner) leased his factory to E (lessee) for two (2) years, giving the latter an option to buy said factory within the same period. E assigned his right to X who communicated in writing his desire to exercise the option to R who, however, refused to execute the corresponding deed of sale alleging as his reason the fact that the option was given to E and not to any other person and E could not make the assignment without his (R’s) consent and when E did it, he (R) withheld his approval. Under the contract and the law, is there any impediment on the part of E to transfer his right under the option? Explain.
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