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HARMS v. SPRAGUE

No. 4-82-0675.

119 Ill. App.3d 503 (1983)

456 N.E.2d 976

WILLIAM H. HARMS, Plaintiff-Appellant, v. CHARLES D. SPRAGUE, Indiv. and as Ex'r of the Estate of John R. Harms, Deceased, et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Opinion filed November 21, 1983.

Attorney(s) appearing for the Case

James W. Day, of White Hall, for appellant.

Charles E. McNeely, of Jacksonville, for appellee Charles D. Sprague.

Robert H. Mehrhoff, of Carrollton, for appellees Carl T. Simmons and Mary E. Simmons.

Judgment reversed.

JUSTICE MILLER delivered the opinion of the court:

The question presented by this appeal is whether a mortgage by one joint tenant of his interest in property that he owns in joint tenancy with another severs the joint tenancy. We conclude that it does not. William and John Harms, brothers, owned an improved lot in Roodhouse as joint tenants with the right of survivorship. John mortgaged his interest in the property to the Simmonses and...

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