People Ex Rel. Department of Public Works v. Nogarr

NOURSE, J. pro tem. *

This appeal presents but one question : Is a mortgage upon real property executed by one of two joint tenants enforceable after the death of that joint tenant?

The facts are not in dispute. The appellant, Elaine R. Wilson, hereinafter called “Elaine,” and Calvert S. Wilson, hereinafter called “Calvert,” were husband and wife. On April 10, 1950, they acquired the real property in question as joint tenants and the, record title remained in them as joint tenants until the deat]h of Calvert. In July 1954 Elaine and Calvert separated. (j)n October 11, 1954, Calvert executed his…