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Real Property: Tenancy by the Entireties: Alienability of Right of Survivorship

Year: 1960
Type: article
Abstract: At an execution sale to satisfy a judgment against her, plaintiff's interest in certain lots which she and her husband held as tenants by the entireties was conveyed to A by sheriff's deed. Subsequently, plaintiff's husband joined A and his wife in a deed of their interest to B, who later conveyed to defendants. After the death of her husband, plaintiff instituted an action as surviving spouse for possession of these lots. The trial court entered a summary judgment for plaintiff, holding that the sheriff's deed conveyed only a severable one-half interest in use and profits of the land during the joint lives of the spouses, and not plaintiff's right of survivorship. On appeal, held, reversed. The purchaser from a tenant by the entireties acquires that tenant's right of survivorship. King v. Greene, 30 N.J. 395, 153 A. (2d) 49 (1959).
Author: Robert Brooks
Language: English
Subfield: Law
Open Access status: green
OpenAlex ID: W2797948094
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Related to: 10