Buttlar v. Rosenblath
Supreme Court of New Jersey
1. A conveyance of lands, since the passage of the married woman’s act of 1852, to husband and wife, does not create a tenancy in common. 2. That act endows the wife with the capacity, during the joint lives, to hold in her possession, as a single female, one-half the estate in common with her husband ; the right of survivorship still exists as at common law. 3. To constitute a tenancy in common between husband and wife there must be in the conveyance an expression of an…
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1. A conveyance of lands, since the passage of the married woman’s act of 1852, to husband and wife, does not create a tenancy in common. 2. That act endows the wife with the capacity, during the joint lives, to hold in her possession, as a single female, one-half the estate in common with her husband ; the right of survivorship still exists as at common law. 3. To constitute a tenancy in common between husband and wife there must be in the conveyance an expression of an intention to do so. On appeal from a decree advised by 'Vice-Chancellor Van Fleet. An abstract of his opinion appears in 7…
1Opinion of the Court
The opinion of the court was delivered by
VAN Syokel, J.
The bill in this ease was filed by Elizabeth Rosenblath, a judgment creditor of Christian Buttlar, to set aside certain conveyances of real estate, alleged to be fraudulent as against her.
The lands in question were conveyed, October 12th, 1881, by one Catharine Quidort, to said Christian Buttlar and Minna, his wife. The decree of the court of chancery declares the conveyance by the judgment debtor void as against the judgment of the complainant, and also adjudges that, by virtue of the conveyance aforesaid to said Christian and Minna, the…
2Cases cited5 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Chandler v. CheneyIndiana Supreme Court · 1871
- Marburg v. ColeCourt of Appeals of Maryland · 1878
- Fisher v. ProvinMichigan Supreme Court · 1872
- McDuff v. BeauchampMississippi Supreme Court · 1874
3Cited by10 opinions
- Damron v. MastNew Jersey Court of Chancery · 1937
- Rosecrans v. RosecransNew Jersey Court of Chancery · 1926
- Taylor v. LowencampNew Jersey Court of Chancery · 1929
- Arthur B. Roberts v. Robert BaileyTennessee Supreme Court · 2015
- Fruzynski v. RadlerNew Jersey Superior Court Appellate Division · 1952
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