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Jones v. Green

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.68 U.S. 330, 1 Wall. 330, 17 L. Ed. 553 (1864)

Brief Fact Summary. Plaintiff Dorothy Jones and Defendant James Green purchased property “as joint tenants with full rights of survivorship and not as tenants in common.” Thereafter, Plaintiff brought a suit to partition the property. Defendant moved for a summary judgment arguing that the property conveyed to unmarried individuals as joint tenants with full right of survivorship and not as tenants in common cannot be partitioned under Michigan law.

Synopsis of Rule of Law. When property is conveyed as a joint tenancy with right of survivorship, one party may not deprive another of his right to survivorship and a partition may not be had.


Facts. Plaintiff Dorothy Jones and Defendant James Green purchased property “as joint tenants with full rights of survivorship and not as tenants in common.” Thereafter, Plaintiff brought a suit to partition the property. Defendant moved for a summary judgment arguing that the property conveyed to unmarried individuals as joint tenants with full right of survivorship and not as tenants in common cannot be partitioned under Michigan law. The trial court denied the Defendant’s motion for summary judgment and the Defendant appealed.

Issue. May the Plaintiff have the court order partition of the property held in joint tenancy with right of survivorship?

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