Riggs v. Snell

The opinion of the court was delivered by

Price, J.:

This was an action to quiet title to an interest in real estate, for partition of the land, and for an accounting of the rents and profits.

The appeal is by one of the defendants from an order overruling his demurrer to the petition.

The only question in the case is whether a deed to 320 acres of land to a husband and wife created in them a joint tenancy with right of survivorship — or a tenancy in common.

Material portions of the deed in question are as follow:

“SPECIAL WARRANTY DEED

“Filed for record this 18th day April 1941 at 10:30 A. M.

C. L.…