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Property Keyed to Chase
King v. Greene
Citation:
153 A.2d 49 (1959)Facts
In 1913, Marie King acquired title to three lots in Shrewsbury, New Jersey. In 1931, her husband Philip King brought an action against her in the Court of Chancery, resulting in a decree that she owed him $1,225 and ordering her to execute a conveyance of the lots to herself and her husband as tenants by the entirety. Although the conveyance was never made, the recorded decree had the self-operative effect of creating the tenancy by the entirety. In 1932, execution was issued to satisfy the money judgment, and a sheriff’s deed conveyed all of Marie’s right, title, and interest in the property to John V. Crowell. In 1933, Philip King conveyed his interest to Martin Van Buren Smock, with Crowell and his wife joining in the deed. Philip died in 1938, and in 1946, Smock conveyed his interest to defendants Joseph and Mabel Greene. In 1957, Marie King instituted an action for possession, claiming that the 1932 sheriff’s deed conveyed only her interest in the property during the joint lives of the spouses but not her right of survivorship, and that upon Philip’s death in 1938, she became entitled to the fee.
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