Real Property - Adverse Possession - Title Acquired by Husband and Wife

Authors

Richard S. Rosenthal, University of Michigan Law SchoolFollow
George F. Lynch S.Ed., University of Michigan Law SchoolFollow

Abstract

John and Maltie Preston moved onto a parcel of land in 1910 where they lived until 1950 when John died intestate. Maltie died intestate in 1954. Title to the land had been perfected by twenty years adverse possession. Evidence showed that the adverse possession was intended to inure to their joint benefit. Complainants, collateral heirs of John, sued in ejectment claiming that John took the whole title by exclusive adverse possession. Defendants, collateral heirs of Maltie, claimed a tenancy by the entirety had been created, with the survivor, Maltie, becoming the sole owner. The court of appeals ruled that the husband and wife had become tenants in common. On writ of certiorari to the Supreme Court, held, affirmed without opinion. Preston v. Smith, (Tenn. 1956) 293 S.W. (2d) 51.

Recommended Citation

Richard S. Rosenthal & George F. Lynch S.Ed., Real Property - Adverse Possession - Title Acquired by Husband and Wife, 55 Mich. L. Rev. 1192 (1957).
Available at: https://repository.law.umich.edu/mlr/vol55/iss8/15