Fraker v. Fraker

OPINION

HARBISON, Justice.

In this action for a declaratory judgment the Chancellor held that the plaintiff, ap-pellee here, owned fee simple title to a tract of 63.96 acres of land as surviving tenant by the entirety. The Court of Appeals affirmed.

It is the insistence of the defendants, appellants here, that by reason of the operation of a rule of law pertaining to the partition of land by tenants in common, appellee took “no new title” as a result of certain partition deeds and that she has only a widow’s rights in all but a small *136fraction of the title to the tract which she and her husband…