Miller v. Miller
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, in which the only question was on the construction of a deed, by which one John Miller, in the year 1775, in consideration of 100/. lawful money, conveyed to Mary Miller and Lucy Miller, “jointly and severally,” a certain parcel of land in Middleborough; habendum to them the said Mary and Lucy, their heirs and assigns forever.
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This was a writ of entry sur disseisin, in which the only question was on the construction of a deed, by which one John Miller, in the year 1775, in consideration of 100/. lawful money, conveyed to Mary Miller and Lucy Miller, “jointly and severally,” a certain parcel of land in Middleborough; habendum to them the said Mary and Lucy, their heirs and assigns forever. The demandant claimed a part of the- land as brother and one of the heirs of the said Mary, and the tenant claimed to hold the whole by survivorship. And it was agreed that if, in the opinion of the Court, the said grantees, * at…
1Opinion of the CourtParker, C. J.
From the words of the deed in this case, it is not easy to ascertain whether the grantor intended to convey a joint estate or a tenancy in common. The words “ jointly and severally ” would seem to import a’several interest; so that on the death of either of the grantees, the whole estate should not enure by survivorship to the other; but yet we cannot infer, from these words alone, that a tenancy in common was intended, as they are not inconsistent with a technical joint estate.
* It cannot, however, be doubted that this deed would, by [ * 61 ] the operation of the statute of 1785, create a…
2Cases cited1 opinion
- King v. President, Directors, & Co.Massachusetts Supreme Judicial Court · 1819
3Cited by9 opinions
- Noel v. EwingIndiana Supreme Court · 1857
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- Stetson v. EastmanSupreme Judicial Court of Maine · 1892
- Patterson v. PhilbrookMassachusetts Supreme Judicial Court · 1812
- Pierce v. BakerSupreme Court of New Hampshire · 1879
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