Davis' Administrator v. Union Pacific Railway Co.

The opinion of the court was delivered by

Kaul, J.:

The appeal in this quiet title action once again presents to this court the familiar question whether a deed conveyed an estate in joint tenancy or tenancy in common. The issue framed requires a determination by this court of the constitutionality of K. S. A. 1969 Supp. 58-2270. If constitutional, then the further question arises concerning the application of the statute to the facts of this case.

The trial court held the statute unconstitutional, which resulted in a judgment to the effect that the deed in question created an estate in tenancy…