Maxwell v. Saylor

Dissenting Opinion by

Me. Justice Allen M. Stearne:

I dissent from the majority opinion. This decision is contrary to reason and is unsupported by legal authority. A married man and a woman (not his wife) acquired title, as husband and wife, as “tenants by the entireties”. Such seisin was not effective because the parties were not in fact husband and wife. I do not agree that under the guise of construing the deed this Court may decree a supposed intention contrary to that expressed. Such interpretation rests upon the supposed theory that because tenancy by the entireties has an attribute of…