Lessee of Davidson v. Heydom

Deed to A and B, their heirsand assigns, tenendum to A and B, their heirs and assigns, and to' the heirs and assigns of the survivor of them, forever, passes a j oint-tenanoy which may be severed either by A’s assignment of all his estate to trustees to enable them to pay his debts, or by a judgment and execution, had against him in his life-time, and the lands levied on.

Ejectment for one undivided half part of a lot of ground in the manor of Bedford, containing 17f- acres and 11 perches. John Penn, junior, and John Penn, senior, the late proprietaries, being seized of the premises, by deed dated 22d September 1786, in consideration of 71/. granted and conveyed to Bernard Dougherty and Mary Kinkade, their heirs and assigns, the same premises, bounded, &c. “to have and to hald the same “to the said Bernard Dougherty and Mary Kinkade, their heirs and assigns, and to the heirs and assigns of the survivor of them, forever.” The said Bernard Dougherty after-wards becoming embarrassed, by deed dated 23d June 1788, in consideration of the debts by him owing, and of os., granted and conveyed to Thomas Fitzsimons, Isaac Hazelhurst, Miers Fisher and Thomas Smith, their heirs and assigns, all and singular his lands and real estate whatever, and all his personal property, in trust, to sell and dipose thereof, and pay the moneys arising therefrom, to and among all his creditors, in proportion to their several debts ; and further appointed them his attornies, to all things necessary in the premises, &c. A judgment was afterwards entered up at the suit of Thomas Fitzsimmons and others, against the said Dougherty, and a fieri facias issued thereon, returnable to January term 1790, on which the lot in question, marked No. 23, was seized and taken in execution, but no writ of venditioni exponas was taken out. On the 27th June 1797, the trustees granted and conveyed to the lessor of the plaintiff one moiety of the said lot,' No. 23, in consideration of 500 dollars. Mary Kinkade survived Bernard Dougherty. On the 5th December 1789, she married James Heydon. He, together with his wife, on the 4thNovember 1794, conveyed the premises (inter alia) by deed to Patrick Campbell in fee, who afterwards on the same day re-conveyed the same to James Heydon, his heirs and assigns, in trust for the use of the said James and Mary his wife, during their joint lives and the survivor of them, remainder to the heirs of the body of the said Mary by the said James, remainder to the right heirs of the said James. She died shortly afterwards, and the defendant held the whole of the lot in question, under tbe deeds from Messrs. Penns and Campbell. Two questions of law arose on the trial. 1. Whether an estate in joint tenancy was conveyed by the deed of 1786 ? 2. And if so, whether it had been severed in the life time of Dougherty.