This section contains the nature of the case and procedural background.

P and D were husband and wife and D1, Edward, was D's son. Prior to June 1, 1955, P was the sole owner of the property involved. On that day, P conveyed a parcel of the land to Joseph, Jenny, and Edward jointly and not as tenants in common. Ds denied that they were joint tenants. D also alleged that she was awarded possession of the property by an order of the Family Court and hat P and D were tenants by entirety of an undivided one-half interest and as a tenant by entirety, P cannot maintain his present action for a partition of the real property.

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