Rue v. Haines

Prescott, J., delivered the opinion of the Court. Suit was originally filed against the appellee and others, asking the court to enjoin certain of the parties from transferring any of their property. Thereafter, the appellant requested, and was granted, leave to intervene as a party plaintiff. The defendants answered, and the suit was heard on its merits.

The chancellor found in favor of the defendants on ²⁷⁰ all issues. Appellant appeals only as to one defendant, the appellee. The sole question to be determined is whether the interest, if any, that the appellee and his wife have in a parcel of real estate is held by them as tenants by the entirety. There is little dispute as to the facts.

It was agreed that prior to the institution of suit that the parcel of real property in question had been owned by the appellee and his wife as tenants by entireties, and had been conveyed by deed by them to Robert Bradshaw and wife. This transaction was not a purchase by the Bradshaws; it was made for the purpose of the Bradshaws’, who were better credit risks than appellee and his wife, procuring a mortgage loan thereon for the benefit of said appellee and his wife. Appellee and his wife had a verbal agreement with the Bradshaws that the Bradshaws would subsequently reconvey the property to them.as tenants by the entirety. The Bradshaws placed a $12,000 mortgage thereon and turned the proceeds over to the appellee.

At the time of trial, the amount due on the mortgage had been reduced to about $9,000. It was further agreed that the appellant had a judgment against the appellee, but not his wife. The chancellor found that the conveyance by the appellee and his wife to the Bradshaws was not in fraud of the rights of creditors, and there is nothing in the record to show that the finding is incorrect. Upon the above facts, the appellant argues that the conveyance from appellee and wife was not an absolute one, but it destroyed and terminated the estate by the entirety and his judgment is a lien upon the husband’s interest in the property.

He, however, cites no authority for the proposition and his counsel frankly admits he has been unable to find any. It is obvious that unless the appellee and his wife retained some interest in the parcel of land at the time of their deed to the Bradshaws, the appellant can obtain no relief, for he can only reach the interest of his judgment debtor. And, if they did retain some interest in the parcel, why would not any such interest continue to be held as tenants by entireties, when they had owned the fee by such a tenancy? The above ²⁷¹ question places the appellant in an unpleasant and somewhat untenable position.

He realizes and concedes that under the Maryland decisions he cannot have his judgment, which is against the husband alone, satisfied out of property owned as tenants by the entirety. Consequently he must assert two conflicting claims, namely that the deed