Foy v. Foy

COZORT, Judge.

Plaintiff Ellavene M. Foy, former wife of the defendant Howard J. Foy, appeals from the stay of execution granted in favor of defendant’s present wife, Diane F. Foy, the intervenor in this action. The stay was issued to enjoin the execution sale of real property held under an installment land contract in the name of the defendant and his present wife. Plaintiff contends that the trial court erred in granting the stay because an installment land contract does not create a tenancy by the entirety in the defendant and his wife and is therefore subject to execution of plaintiff s…