King v. Greene

Marie King (plaintiff) acquired property in 1913, and after her husband Phillip sued her in 1931 and won a money judgment, the court ordered the property conveyed to Marie and Phillip as tenants by the entirety; the property was then sold at a 1932 execution sale to satisfy that judgment, with John Crowell purchasing Marie's share via sheriff's deed. Phillip later conveyed his own interest to Martin Smock, and Crowell separately sold Marie's purchased interest to Smock as well; after Phillip's 1938 death, Smock conveyed his interests to the Greenes (defendants) in 1946. In 1957, Marie sued the Greenes for possession, arguing the 1932 sheriff's deed conveyed only her interest during the joint lives of her and Phillip (not her survivorship right), so that Phillip's death terminated the conveyed interest and left Marie the sole owner as survivor; the trial court agreed and awarded Marie fee-simple ownership, and the Greenes appealed.