HERRING v. CARROLL

No. 15663.

300 S.E.2d 629 (1983)

Marshall HERRING, et al., etc. v. Clarence CARROLL, Jr., et al., etc.

Supreme Court of Appeals of West Virginia.

February 16, 1983.


Attorney(s) appearing for the Case

E. Henry Broh, Huntington, for appellants.

Huddleston, Bolen, Beatty, Porter & Copen and Thomas J. Murray, Huntington, for appellees.


MILLER, Justice:

In this appeal from an order of the Circuit Court of Cabell County, we are asked to determine if one joint tenant can convey all of his right, title and interest in real property and, thereby, destroy the other joint tenant's right of survivorship, thus, in effect creating a tenancy in common. The lower court held such action could be taken and we affirm its judgment.

This case began when George Herring, now deceased, instituted a suit attempting...

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