Downing v. Downing

Helen Downing conveyed her family farm through a straw man to herself and her son John Downing (defendant) as "joint tenants" in 1972. Before and after that conveyance, a third party farmed the land with John's consent, paying Helen for the privilege. In 1985, Helen and John together mortgaged the farm. Helen died in 1987 without mentioning the farm in her will, which otherwise split her estate evenly between John and his sister Bonnie Downing (plaintiff), acting as estate representative. Bonnie sued, arguing the 1972 deed actually created a tenancy in common (which would have passed half the farm to Helen's estate) rather than a joint tenancy (which would make John sole owner outright at Helen's death). A magistrate found no joint tenancy, partly because the deed didn't mention survivorship and partly because the farming arrangement and mortgage would have destroyed one anyway; the circuit court found a joint tenancy had been created but was later severed by the 1985 mortgage.