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Smith v. Cutler

623 S.E.2d 644 (2005)

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Smith v. Cutler

South Carolina Supreme Court

623 S.E.2d 644 (2005)

Facts

Ernest Smith (plaintiff) and his wife, Joanne Smith (defendant), held property subject to a deed stating that they owned the property “for and during their joint lives and upon the death of either of them, then to the survivor of them.” The deed thus created rights of survivorship. Ernest filed a petition for partition of the property. The court of appeals ruled in Ernest’s favor. Joanne appealed, arguing that the property was not subject to partition, because the deed created a tenancy in common.

Rule of Law

Issue

Holding and Reasoning (Toal, C.J.)

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