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Property Keyed to Chase
Lipps v. Crowe
Citation:
28 N.J. Super. 131, 100 A.2d 361 (1953)Facts
On August 16, 1926, the plaintiff Edward J. Lipps executed a deed conveying to Margaret Howard an “undivided one-half interest as joint tenant” in premises owned by him. The habendum clause specified that she was to hold the premises “as joint tenant with the party of the first part (the plaintiff), and not as tenant in common.” Margaret Howard died intestate on July 28, 1943. The defendant Denis Crowe, one of her heirs-at-law, claimed an interest in the property, contending that the tenancy was in common rather than joint. Crowe argued that since Lipps had acquired title through a prior deed and subsequently conveyed an undivided one-half interest directly to Howard, two requisites for a joint tenancy—the unities of interest and time—were lacking. Lipps maintained that he was the sole owner as surviving joint tenant and sought summary judgment to quiet title.
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