Gagnon v. Pronovost

Lampeón, J.

This bill in equity to remove a cloud on title presents the question whether a joint tenancy or a tenancy in common was created by the deed. If the former, the plaintiff prevails and the appeal is dismissed; if the latter, the defendants prevail to the extent of an undivided one half interest in common and the appeal is granted. The controlling statute (R. L., c. 259, s. 17) provides: “Tenants in Common. Every conveyance or devise of real estate made to two or more persons shall be construed to create an estate in common and not in joint tenancy, unless it shall be expressed…