Woods v. Bromley

OPINION

By the Court,

Badt, C. J.:

• The question here presented is whether a certain written contract entered into between plaintiff’s testator and defendant by its terms vested in each of the parties to the contract an undivided one-half interest in the parcel of real estate involved, thus severing the joint tenancy theretofore existing. The learned district judge held that such a severance was effected. Defendant has appealed from the judgment and from the order denying her motion for a new trial. She assigns as error (1) the ruling above recited; (2) the refusal of the court to hold that a…