Witzel v. Witzel

Plaintiff brought action to quiet her title to the entire estate in certain lands and to the surface estate only in other lands, claiming a deed to her former husband Albert W. Witzel and herself, while they were man and wife, created in them a joint tenancy with survivorship and that upon Albert’s death she had succeeded to those entire estates. It was stipulated that defendants Maurice W. Witzel and Una Witzel Watkins, children of Albert and plaintiff, did not resist plaintiff’s claim. Following trial without jury, the court construed the deed under which plaintiff claimed title as having…