Davis v. Burnette

The issue before us in this case is whether a joint tenant with right of survivorship to property is a party who must be joined in an action seeking reformation of a deed to that property.

We reverse the decree, affecting the property, entered in this action absent the joint tenant as a party.

Mr. and Mrs. Moses A. Davis, Jr., brought this action to reform a deed which did not contain a description of land they claim to have acquired by it. That land adjoined property of E.J. Burnette and wife Pearlene who owned their property jointly with right of survivorship. Mrs. Burnette was never made a…