Craig v. Taylor
Court of Appeals of Kentucky
Appeal from the Woodford Circuit. Ejectment. Case ’94. A deed of con. •veyance lo Iwo by a common boundary, ^ yfct discrimina ting •with regard lo the interest conveyed to each, respectively, is lo be construed as convening to, and vesting in, the grantees respectively, distinct though undivided interests and creates a tenancy in common, nota joint tenancy.
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Appeal from the Woodford Circuit. Ejectment. Case ’94. A deed of con. •veyance lo Iwo by a common boundary, ^ yfct discrimina ting •with regard lo the interest conveyed to each, respectively, is lo be construed as convening to, and vesting in, the grantees respectively, distinct though undivided interests and creates a tenancy in common, nota joint tenancy. Tenants in common may maintain separate actions of ejectment for their interests, so may joint tenants, i n-less the exception be made before the trial. A verdict in favor of one or more tenants in. common, which does not designate the…
1Opinion of the Court
Judge Maeshall
delivered the opinion of the Court.
Although .the land is conveyed to Taylor and wife and to Dale, by the same common boundary, b.y the same deed, and by the same words of conveyance, yetas the deed discriminates with regard to the extent of the interest conveyed lo the parties respectively, and conveys to Taylor and wife about three fifths and to Dale about two fifths .of the land, it must be regarded as vesting in them respectively distinct, though undivided interests, and as making them tenants in common, and not joint tenants.
Whatever might be the rule as to joint tenants,…
2Cases cited3 opinions
- Bank of the United States v. CockranCourt of Appeals of Kentucky · 1840
- Dougherty v. LinthicumCourt of Appeals of Kentucky · 1839
- Daniel v. BrattonCourt of Appeals of Kentucky · 1833
3Cited by2 opinions
- Kentucky Natural Gas Corporation v. DugginsCourt of Appeals for the Sixth Circuit · 1948
- Ford v. Jellico Grocery Co.Court of Appeals of Kentucky · 1922