Land was conveyed to plaintiffs' ancestor and defendant by deed. The granting clause read: "hereby convey to Isaac . . . and Alice . . . "; the habendum clause: "Said real estate being taken by said grantees jointly . . . to have and to hold . . . to the said grantees, their assigns, heirs, and devisees forever." The heirs of Isaac, who died intestate, filed a partition petition; Alice, claiming as surviving joint tenant, answered and also started an action to quiet title. A statute provided that "Conveyances to two or more in their own right create a tenancy in common, unless a contrary intent is expressed." Held, the language in the deed did not overcome the statutory presumption of creation of tenancy in common. Albright v. Winey, (Iowa 1939) 284 N. W. 86.
Michigan Law Review,
DEEDS - CONSTRUCTION WHERE GRANTEES TAKE "JOINTLY'',
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol37/iss8/21