Burton v. . Cahill

Two propositions of law are presented by the record: 1. Do the life tenants under said deed, to wit, Annie L. Burton and Katie L. Cahill, take said land as joint tenants, for life, with right of survivorship, or as tenants in common?

2. Do the children of said life tenants take per capita or per stirpes?

The plaintiffs assert that the life tenants take as tenants in common, and that, at the death of the life tenants, the children of the life tenants would take per stirpes.

The defendants, upon the other hand, assert that the life tenants take as joint tenants and that, upon the death of the life…