Hennigh v. Hennigh

STATUTES ? COMMON LAW ? JOINT TENANCY. 1. Common Law ? Revival of common law rule. Where a statute abrogating a rule or principle of the common law is repealed, the common-law principle or rule is ipso facto revived, unless there is something to show a contrary intent on the part of the legislature. 2. Joint Tenancy ? Legal effect of survivorship statute. Legal effect of enactment of statute providing that right of survivorship is declared to exist by virtue of grant of realty in joint tenency - Page 373 or to tenants in estate by entirety, where right of survivorship is contained in the grant of such conveyance, was to provide that the right of survivorship exists in those classes of conveyances whether made to joint tenants or to tenants in estates by the entirety, but does not purport to exclude right of survivorship in other types of conveyances. 3. Joint Tenancy ? Common law incidents of joint tenancy came into force. After legislative adoption, in Code of 1895, of laws recognizing joint interests in property and defining joint interest as a joint tenancy, all incidents of joint tenancy which existed under the common law and which were not in derogation of such enactments came into force; the Act of 1865, which abolished right of survivorship in joint tenancy, and which was not reenacted when Code of 1895 was adopted, was no longer in force or effect. 4. Joint Tenancy ? Incidents of joint tenancy at common law. The incidents of "joint tenancy" at common law were a single estate in property, real or personal, owned by two or more persons, under one instrument or act of the parties, an equal right in all to share in the enjoyment during their lives, and on the death of a joint tenant, descent of the property to the survivor or survivors, and at length to the last survivor. 5. Husband and Wife ? Joint tenancy created and property passed to survivor. Where defendant and her husband purchased certain realty and received a warranty deed wherein they were described as joint tenants, a joint tenancy was created, and upon death of husband property passed to defendant as surviving tenant, notwithstanding fact that granting clause, habendum and warranty clauses read "to their heirs and assigns".