McLamb v. Weaver

Decision turns on the answer to this question: Did the purported deed divest Bertha Weaver of sole ownership of tracts Nos. 3 and 10 and vest title thereto in Charlie Weaver and wife, Bertha Weaver, as tenants by the entirety? The court below answered “no” and we are in accord.

The Clerk’s decree of 30 January, 1926, confirmed the allotment by the commissioners to Bertha Weaver of tracts Nos. 3 and 10. The partition proceeding created no new estate and conveyed no title. The sole effect thereof was to sever the unity of possession and to fix the physical boundaries of the several parts of the…