Wilson v. Wilson
Supreme Court of Minnesota
Action'for partition, brought in the district court for Bamsey county.- The land in question was conveyed in fee, on September 15,1875, to “Alexander Wilson and Eleanor Wilson, husband and wife,” to have and to hold “unto the said parties of the second part, their heirs and assigns forever.” Alexander died November 27,1887, intestate. Eleanor died August 10, 1888, testate.
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Action'for partition, brought in the district court for Bamsey county.- The land in question was conveyed in fee, on September 15,1875, to “Alexander Wilson and Eleanor Wilson, husband and wife,” to have and to hold “unto the said parties of the second part, their heirs and assigns forever.” Alexander died November 27,1887, intestate. Eleanor died August 10, 1888, testate. The plaintiffs, heirs-at-law of Alexander, and devisees under the will of Eleanor, contend that the deed of September 15, 1875, vested title in fee in Alexander and Eleanor as tenants in common in equal moieties, and not as…
1Opinion of the Court
Gilfillan, C. J.1
The question in this case is,'when a conveyance of real estate -in fee is made to husband and wife, do they take as joint tenants, tenants in common, or do they become seised of the entirety, as it was called at the common law ? An incident or property of this peculiar estate by the entirety, which it had in common *399with the estate in joint tenancy, was the right of survivorship. But, unlike the ease of joint tenancy, neither of the parties could alien without the assent of the other. The reason for the rule upon conveyances to husband and wife, as given by Blackstone, (book…
2Cited by17 opinions
- Otto F. Stifel's Union Brewing Co. v. SaxySupreme Court of Missouri · 1918
- Hendrickson v. Minneapolis Federal Savings & Loan Ass'nSupreme Court of Minnesota · 1968
- In re Holt's WillSupreme Court of Minnesota · 1893
- Papke v. PearsonSupreme Court of Minnesota · 1938
- Lenzmeier v. LenzmeierSupreme Court of Minnesota · 1975
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