Judgement

Appeal (No. 133 of 1927) from a judgment of the Supreme Court of the Straits Settlements, in Appeal (September 20, 1926), reversing a judgment of Murison C.J.

The question for determination in the litigation was whether certain property in the Straits Settlements had been held by four persons as joint tenants, as the appellant contended, or as tenants in common, as the respondents contended.

The property had been conveyed to the four persons by a conveyance of June 28, 1892, in terms which both Courts in the Straits Settlements held constituted them joint tenants ; a majority of the Court of Appeal (reversing Murison C.J.) held that there had been a subsequent severance whereby they became tenants in common.

The facts, and the views of the learned judges, appear from the judgment of the Judicial Committee.

1928. Nov. 12, 13. G. B. Hurst K.C. and Langley for the appellant.

Gavin Simonds K.C. and Greenland for the respondents.

[Reference was made to Williams v. Hensman (( 1861) 1 J. & H. 546.); In re Wilks ([ 1891] 3 Ch. 59.); In re Jackson (( 1887) 34 Ch. D. 212.); also to the Evidence Ordinance (Straits Settlements Laws, 1926, No. 53), s. 92, and Conveyancing and Law of P