McClendon v. Johnson
337 S.W.2d 77 (1960)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
A joint tenant may unilaterally sever a joint tenancy with a right of survivorship by conveying their interest to a third party. This action severs the tenancy, destroys the right of survivorship, and converts the estate into a tenancy in common between the remaining original tenant and the new owner.
Facts:
- Alexander Johnson initially owned the subject real estate in fee simple.
- In 1949, through a series of conveyances involving a straw party, title to the property was vested in Alexander Johnson and his daughter, Magnolia McClendon, 'as joint tenants and not as tenants in common, with right of survivorship.'
- On March 29, 1955, Alexander Johnson executed a quitclaim deed conveying his interest in the property to himself and his nephew, Herman Johnson, 'as joint tenants, and not as tenants in common.'
- Alexander Johnson died on March 8, 1957.
- Following Alexander's death, Magnolia McClendon claimed full ownership of the property based on her right of survivorship.
- Herman Johnson claimed a one-half interest in the property, asserting that Alexander's 1955 conveyance severed the original joint tenancy.
Procedural Posture:
- Plaintiff, Magnolia McClendon, filed an action in the trial court against defendant, Herman Johnson, to determine title to a property.
- The petition sought to quiet title in McClendon's name or, alternatively, to partition the property.
- Johnson filed an answer and cross-bill asserting he was the fee simple owner of an undivided one-half interest.
- The trial court found that McClendon and Johnson were owners as tenants in common, each with a one-half interest, and ordered the property to be partitioned and sold.
- Plaintiff, Magnolia McClendon, appealed the trial court's judgment.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a conveyance by one joint tenant of their interest in the property to a third party sever the joint tenancy and destroy the other original joint tenant's right of survivorship?
Opinions:
Majority - Hollingsworth, J.
Yes, a conveyance by one joint tenant of their interest severs the joint tenancy. The original deed to Alexander Johnson and Magnolia McClendon created a true joint tenancy in fee simple, not mere life estates with a remainder to the survivor. The deed's language, including 'as joint tenants' and 'to their heirs and assigns forever,' established a fee simple estate subject to the established rules of joint tenancy. A fundamental characteristic of a joint tenancy is that the right of survivorship can be destroyed by severance. When Alexander Johnson conveyed his interest to himself and Herman Johnson, he severed the joint tenancy with Magnolia McClendon by operation of law. This act converted the ownership structure, making Magnolia a tenant in common with the new owners of the other half (Alexander and Herman, as joint tenants). Upon Alexander's death, his interest passed to Herman via their own joint tenancy's right of survivorship, leaving Herman as the owner of an undivided one-half interest as a tenant in common with Magnolia.
Analysis:
This case reaffirms the classic common law principle that a joint tenancy is severable by the unilateral action of one co-tenant. The decision distinguishes between a true joint tenancy and an arrangement creating indestructible contingent remainders, emphasizing that specific, technical language in a deed will be given its traditional legal effect. It clarifies that unless a deed expressly creates a lesser estate, it conveys a fee simple, and the right of survivorship attached to a joint tenancy in fee is not absolute but can be defeated by a co-tenant's conveyance. This holding reinforces the fragility of the right of survivorship and underscores its difference from the more durable tenancy by the entirety available to married couples.
