Bryant v. Shields

Tbe court below ruled that plaintiffs action to establish title to the lot in question could not be maintained for two reasons, (1) because the deed to J'ohn W. Smith, upon which plaintiff based his claim, did not create an estate by the entireties so as to vest the title in Amanda C. Smith, the survivor, and (2) because in any event Amanda C. Smith was estopped by judgment from claiming title in fee. Plaintiff’s appeal challenges the correctness of the court’s ruling on both grounds.

1. The characteristics of an estate by the entireties were defined by Blackstone as follows: “If an estate in…