Eastern Shore Building & Loan Corp. v. Bank of Somerset

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where judgment debtor is a joint tenant, as compared to a tenant in common, unless the joint tenancy is severed, such as by execution of the judgment or a contract for sale by one joint tenant, the judgment lien will not attach to the property
• “a judgment against one tenant by the entirety is not a lien upon the land held by the entireties, and a purchaser from the tenants by the entireties does not take the land subject to any such lien”
• “[T]he lien of the judgment only attaches to the interest in land owned or held by the judgment debtor, himself, and is subject to the limitations, legal or equitable, to which that interest is subject at the time of the entry of the judgment.”
• “the joint tenants hold ‘per my et per tout,’ and the nature of the tenancy is such that the judgment lien cannot attach to the estate in joint tenancy until after severance and the creation of a separate estate in title and possession to which the judgment lien can then attach.”

Source: CourtListener parenthetical corpus (CC0).