Hurd v. Hughes

Citations

• 12 Del. Ch. 188
• 109 A. 418
• 1920 Del. Ch. LEXIS 22

Syllabus

<p>A conveyance of land to a man and his wife and their heirs and assigns makes them tenants by entireties.</p> <p>All possible titles to real estate are subject to sale upon judgment and execution, except an equitable interest over an active trust.</p> <p>The features of an estate by the entireties are that it can be held only by a man and woman while married; that each owns the whole while living, and cannot sell any interest, except with the other's consent, and by their joint action; that at the death of either the other continues to own the whole, without acquiring a new interest from the other, and there can be no partition between them; so that creditors of either cannot by execution reach any interest in the land so held.</p> <p>Under the Married Women’s Property Act, freeing a wife’s property from liability for her husband’s debts, judgments against the husband creates no lien upon property held by husband and wife as tenants by the entireties.</p> <p>Where the husband and wife jointly convey the title to-property held by them as tenants by the entireties, the title to the property passes clear of any claim of judgment creditors of husband, so that a judgment against the husband does not render the title defective, or defeat the right to a specific performance of the contract to convey such property.</p>