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

P executed a deed conveying to Margaret Howard an 'undivided one-half interest as a joint tenant' in premises owned by him. She was to have and to hold the premises 'as joint tenant with P, and not as a tenant in common.' The grantee died intestate on July 28, 1943, and D one of her heirs-at-law, claims an interest in the property, contending that the tenancy was in common and not joint. P claims title as surviving joint tenant and seeks summary judgment to quiet title.

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