## Facts

- In 1913, Marie King acquired title to three lots in Shrewsbury, New Jersey, in her name.
- In 1931, a Chancery decree (recorded) adjudged Marie owed her husband, Philip King, $1,225 and ordered a conveyance to Marie and Philip as tenants by the entirety; although no deed was executed, the recorded decree operated to vest a tenancy by the entirety.
- In 1932, to satisfy the money judgment against Marie, an execution issued and the sheriff conveyed “all [Marie’s] right, title and interest” to John V. Crowell by sheriff’s deed.
- In 1933, Philip conveyed his interest to Martin Van Buren Smock; Crowell and his wife joined, conveying Crowell’s acquired interest, resulting in Smock holding the combined interests derived from both spouses.
- Philip died in 1938.
- In 1946, Smock conveyed to Joseph and Mabel Greene, who possessed the property; later transactions included a mortgage held by Margaretta P.W. Harrison and subsequent owners/mortgagors.
- In 1957, Marie sued for possession, mesne profits, and a declaration that Harrison’s mortgage was void, arguing the 1932 sheriff’s sale did not convey her survivorship interest.
- The trial court, on stipulated facts, entered summary judgment for Marie; the defendants appealed.

## Issues

1. Whether an execution sale of one spouse’s interest in property held as tenants by the entirety transfers that spouse’s contingent right of survivorship.
2. If survivorship transfers, whether the execution purchaser (and successors) takes full title when the non-debtor spouse dies first, defeating the debtor-spouse’s later claim as surviving spouse.

## Decision

- The Supreme Court of New Jersey reversed the summary judgment for Marie King.
- The Court held that a purchaser at an execution sale of a tenant by the entirety acquires that tenant’s right of survivorship.
- Because Marie’s survivorship passed at the 1932 sheriff’s sale, she did not regain full title upon Philip’s death.
- The defendants, as successors in title, held superior title; the challenged mortgage was not a nullity.

## Legal Principles

- In New Jersey, a spouse’s interest in a tenancy by the entirety is alienable and reachable by creditors.
- A conveyance or execution sale of one spouse’s interest transfers the entire interest held by that spouse, including the contingent right of survivorship, absent a clear reservation.
- Treating execution purchasers as taking only a temporary share of use and profits during joint lives is inconsistent with the scope of the debtor’s property interest and the policy favoring satisfaction of judgments from the debtor’s assets.
- When the other spouse dies first, the purchaser’s acquired survivorship interest may mature into full ownership of the fee.

## Conclusion

The court held that an execution sale of one spouse’s tenancy-by-the-entirety interest transfers that spouse’s survivorship, so Marie King’s survivorship was extinguished by the sheriff’s sale and she could not recover possession or invalidate later encumbrances after Philip King’s death.


King v. Greene, 153 A.2d 49 (N.J. 1959)