McCubbin v. Stanford

Citations

• 85 Md. 378
• 37 A. 214
• 1897 Md. LEXIS 66

Syllabus

<p>Tenancy by Entireties — Mortgage by Husband of His Interest — Purchaser at Foreclosure Sale Not Entitled to Possession of the Property as Against the Wife.</p> <p>Land which was owned by a husband and wife as tenants by entireties was mortgaged by the husband to secure his debt. Upon foreclosure the husband’s interest was sold to the plaintiff. The wife was in possession of the property and refused to surrender the same. Plaintiff petitioned for a writ of possession against her. Held, that since one tenant by entireties cannot alien the property so as to infringe the rights of the other, the mortgage by the husband could not affect the rights of his wife, and under the Constitution, Art. 3, sec. 43, declaring that the property of the wife shall be protected from the debts of the husband, the purchaser of the husband’s interest is not entitled to possession of the property as against the wife, because her undivided entirety of interest in it would thereby be destroyed, and she would be deprived of the protection given her by the Constitution.*</p>