Binkley v. Morden

A question has arisen in this partition action as to the interest in the premises of defendant Morden.

Plaintiff Binkley and defendant Morden were husband and wife in 1940 when they entered into a land contract to purchase from a bank the premises which are the subject of this action. They duly made the monthly payments required by the contract and, in 1945, having paid the full purchase price, received from the bank a deed which vested title in them as tenants by the entirety. The deed was recorded in June, 1945.

In 1948 the plaintiff and defendant mortgaged the premises in order to raise…