63 Vt. 505 | Vt. | 1891
delivered the opinion of the court.
The plaintiff claims an interest in the demanded premises by virtue of a levy of, and sale upon, an execution in its favor against the defendant. The defendant’s interest in the premises, at the time of the levy and sale, arose under a deed conveying the premises to himself and wife. It is conceded that the estate created by the deed was one by entirety. This estate, created by conveyance to husband and wife, is a peculiar one. The interest of the grantees is not joint, nor in common. The parties do not hold moieties, but take as one person, taking as a corporation would take; they have but one title; each is seized of the whole and each owns the whole. If one dies the estate continues in the survivor, the same as if one of several corporators dies. It does not descend upon the death of either, but the longest liver, being already seized of the entire estate, is the owner of it. One tenant
The doctrine of survivorship in case of tenancies by entirety has been repudiated in Ohio and Connecticut. Sergeant v. Steinberger, 2 Ham. (Ohio ) 305 ; Phelps v. Jepson, (Conn. 1769) 1 Root 48; Whittlesey v. Fuller, 11 Conn. 337. The Connecticut Court admits that it is the doctrine of the English law, and seems to base its decisions upon local customs and usage. The rule lias been altered, in some respects, by legislation in the States of Iowa and Illinois.
The rule is recognized in Vermont, in Brownson v. Hull,
If the conveyance of the premises in question to the defendant and wife, was' a fraud upon the defendant’s creditors, the latter must seek their remedy in some other action, and probably in the same manner they would be obliged to adopt in case the property had been conveyed to the defendant’s wife, instead of the defendant and his wife jointly.
Judgment reversed, and judgment for the defendant.