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Property Keyed to Merrill
Harms v. Sprague
Citation:
473 N.E.2d 930Facts
Plaintiff, William Harms, and his brother John Harms, took title to real estate located in Roodhouse on June 26, 1973, as joint tenants. Carl and Mary Simmons owned a lot and home in Roodhouse. Charles Sprague entered into an agreement with the Simmons whereby Sprague was to purchase their property for $25,000. Because Sprague had no security for the amount, he asked his friend, John Harms, to co-sign it and give a mortgage on his interest in the joint tenancy property. Harms agreed. John Harms moved from his joint tenancy property to the Simmons property which had been purchased by Charles Sprague. On December 10, 1981, John Harms died. By the terms of John Harms’ will, Charles Sprague was the devisee of his entire estate. Defendant Sprague challenged plaintiff’s claim of ownership of the entire tract of property and asked the court to recognize his interest as a tenant in common, subject to a mortgage lien.
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