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James v. Taylor | 969 S.W.2d 672 (1998)
The legal term joint and several originates in tort law, not property law. But if a person executes a deed to convey property to others jointly and severally, does that create a joint tenancy or a tenancy in common? The Arkansas Court of Appeals addressed this issue in the 1998 case of James versus Taylor.
In 1993, Eura Redmon executed a deed that conveyed property to her three children, including Melba Taylor. The deed indicated that Redmon made the conveyance, quote, “jointly and severally, and unto their heirs, assigns, and successors forever,” unquote. Redmon also retained a life estate in the property.
Two of Redmon’s children predeceased her, and Redmon died in 1997. Taylor sought a declaration in the White County Chancery Court that Redmon intended to convey the property to the three children as joint tenants. Taylor argued that because her siblings died, she was the only owner of the property. Brenda James and other relatives of the deceased siblings disagreed with Taylor’s proposed declaration and argued that the deed created a tenancy in common between the siblings.
At trial, Taylor presented extrinsic evidence to prove her argument. One piece of evidence Taylor offered was that Redmon had told her attorney that she wanted the deed to allow the property to belong only to Redmon’s surviving children in the event that one died. After analyzing the evidence, the chancery court agreed with Taylor and determined that Redmon intended to give the property to her children as joint tenants with the right of survivorship. James appealed to the Arkansas Court of Appeals.
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