Sumner v. Sumner

We are of the opinion that the Statute of Limitations contained in section 46 of the Civil Practice Act does not apply to this action. Assuming, as we must, that the allegations of the complaint are true, the defendant did not become, upon the delivery of the deed, a tenant by the entirety, nor upon her husband’s death, take the whole title in fee as survivor of such tenant. She had nothing but a hen upon the property to secure the indebtedness of $1,000 to her. That still remained her status upon her husband’s death. In other words, her right or interest in the property must be determined by…