Higginson v. Smith

These parties were formerly husband and wife, later divorced, and thereafter complainant filed this bill averring that during their marriage a house and lot in Livingston had been conveyed by deed to them as tenants by the entirety; that upon their divorce they became tenants in common; and she sought to have the property sold for partition.

Defendant filed an answer denying that the property had been conveyed to them as tenants by the entirety, and insisting that the deed conveyed the entire fee simple estate to him and she had no interest therein; and by cross bill he sought a construction…