Sathoff v. Sutterer

869 N.E.2d 354 (2007)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

On June 5, 1981, Theodore Busse conveyed real estate to Paul Busse and Melba Busse (husband and wife) and P as joint tenants with the right of survivorship, and the deed was recorded on June 9, 1981. Pursuant to a deed dated February 29, 1996, Paul and Melba transferred their interest in the real estate from Paul and Melba, as joint tenants, grantors, to Paul and Melba, as joint tenants, grantees, and this deed was recorded on March 12, 1996. Paul predeceased Melba, who predeceased P. On May 10, 2005, P filed this action to quiet title and for a declaratory judgment. P alleged that the 1996 deed was a cloud on his title to the real estate and was null and void. P alleged that the 1996 deed did not destroy the joint tenancy subsisting in tP, Paul, and Melba and that, because Paul and Melba were deceased, he acquired the real estate by operation of law as the sole surviving joint tenant. D, the executor, filed a motion to dismiss P's complaint. The court held that by executing the 1996 deed, Paul and Melba destroyed the joint tenancy between Paul, Melba, and P. The circuit court granted the motion to dismiss and entered a judgment in favor of P. P appealed.