Whyman v. Johnston

Action by defendants in error as petitioners, to partition certain real estate in the city of Boulder. In August, 1883, Benjamin and Sarah Woodbury, being then husband and wife, purchased from one Culver, and by deed of that date, he conveyed to them the premises in question without any statement in the deed as to what their tenancy should be. In October, 1909, she died leaving certain heirs and in January, 1910, he died leaving other heirs. Both died intestate. Bespondent answered claiming that Woodbury and his wife were seized of an estate as tenants in entirety and upon her death that the…