Court: |
Colorado Supreme Court |
|
Facts: |
Taylor owned a ranch. He conveyed it to joint tenancy with Lucy
Canterbury. Then he tried to quit-claim it back to tenancy
in common. Then he died. |
|
Posture: |
Canturbury sues to set aside the conveyance so she can still be
a joint tenant. |
|
Issue: |
Can one joint tenant unilaterally sever the joint tenancy? |
|
Holding: |
Yes. |
|
Rule: |
Just issuing a deed conveying the property is sufficient to
sever the tenancy. |
|
Reasoning: |
Colorado used to be all uptight about having to sever some
of the four unities (i.e., has to go through a straw-person
transfer, because the tenant's own interest is also
severed) in order to sever co-tenancy. The
court says that's archaic, and just blind servitude to
form. |
|
Dicta: |
Dissent: it is dangerous to set aside well-known principles
of property law. |