Herring v. Carroll

MILLER, Justice:

In this appeal from an order of the Circuit Court of Cabell County, we are asked to determine if one joint tenant can convey all of his right, title and interest in real property and, thereby, destroy the other joint tenant’s right of survivorship, thus, in effect creating a tenancy in common. The lower court held such action could be taken and we affirm its judgment.

This case began when George Herring, now deceased, instituted a suit attempting to nullify a deed by which his wife conveyed to her son by a previous marriage all “her right, title and interest” in certain…