King v. Greene

153 A.2d 49 (1959)

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Nature of the Case

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Facts

In 1913 P acquired the title to three lots. In 1931 her husband, Philip King, brought an action against her in the Court of Chancery which resulted in a decree being entered that P owed him $1225. It was further ordered that P execute a conveyance of the three lots to herself and her husband as tenants by the entirety. While the conveyance was never made, the decree was recorded, the self-operative effect of which was to make P and Philip King seized of the premises as tenants by the entirety. In 1932 execution was issued to satisfy the 1931 money judgment and a sheriff's deed was made to John V. Crowell of all P's rights, title, and interest in the property. In 1933 Philip King conveyed his right, title, and interest in the three lots to Martin Smock. John Crowell and his wife joined in the deed to Smock, conveying their interest acquired by virtue of the sheriff's deed. Philip King died in 1938. In 1946 Smock conveyed his interest to Ds. In 1957 P instituted the present action for possession, contending that she is the sole owner of the property and that the 1932 sheriff's deed conveyed only one-half the rents, issues, and profits of the property during the joint lives of the spouses and did not convey her right of survivorship. P alleges that when Philip died in 1938 the life estate for the joint lives of the spouses terminated and she became entitled to the fee. Ds contend that the sheriff's deed conveyed P's right of survivorship as well as a life interest. The court ruled for P. Ds appealed.