Johnson and Tenniel owned Brownacre as joint tenants with the right of survivorship . Johnson executed a mortgage on Brownacre to Lowden in order to secure a loan . Subsequently , but before the indebtedness was paid to Lowden , Johnson died intestate , with Stokes as her only heir at law . The jurisdiction at which Brownacre is located recognizes the title theory of mortgages . In an appropriate action , the court should determine that title to Brownacre is vested