Re
Re v. Re
Opinion
Opinion
Turner, J.
I. Introduction
Plaintiff, Steven L. Re, appeals from a judgment on his complaint against his sister, defendant, Pamela Ann Re, for partition of two parcels of real property which they had received by grant deed as joint tenants with their mother, Jane Re Norman. The sole contention on appeal is the trial court erred in determining the effect of a grant deed to Pamela which was executed by Mrs. Norman. The deed was not recorded until after the death of Mrs. Norman. For the reasons stated below, we affirm.
II. Background
The complaint, which was filed on January 10, 1990, alleged that on March 7, 1975, Steven, Pamela, and Mrs. Norman acquired the subject parcels as joint tenants. Between 1975 and the time the action was filed, Mrs. Norman collected and received the rents and profits from the property and, despite Steven’s demand, refused to give an accounting or pay him any of the sums. He sought partition of the properties, an accounting, and the appointment of a receiver.
Pamela and Mrs. Norman answered the complaint. The answer denied the properties were held in joint tenancy or that an accounting was due to Steven. The answer also contained several affirmative…