Wennerstrum, J.
Petitioner brought an action in equity for a declaratory judgment to determine the effect of a sale by contract of real estate previously held in joint tenancy by a husband and wife. The trial court held the joint tenancy had been terminated by reason of the contract of sale and as a result thereof each held an undivided one-half interest in the contract at the time of the husband’s death. It further held his estate was entitled to receive and collect one half of the balance due on the real-estate contract on the date of' his death, and that the widow, Clara E. Baker, as administratrix, should account to his estate for the undivided one-half interest in the contract owned by the decedent, Allie Baker, at the time of his death. The widow has appealed.
[1382]*1382It was stipulated by the parties that prior to January 17, 1952, the decedent, Allie Baker, and Clara E. Baker, his wife, were the owners of two separate pieces of property in Des Moines, Iowa; on this date Baker and his wife entered into two separate real-estate contracts for the sale of the two properties to two different parties; Allie Baker died on October 26, 1952, and was survived by his widow, Clara E. Balter, and three children by a previous marriage, namely, Gerald A. Baker, Mona Hanson, and Margaret Cobb, the petitioner herein, all being adults.' Following the death of Allie Baker the widow, Clara E. Baker, advised Margaret Cobb the decedent had left no estate which required probating because all of the property owned by him during his lifetime had been owned by him and his wife as joint tenants with right of survivorship; and the petitioner was further informed the widow claimed to be the owner of all property which she and the decedent owned as joint tenants and denied the estate of Allie Baker, deceased, is the owner of an undivided one-half interest in the two real-estate contracts.
It was further stipulated the petitioner, Margaret Cobb, is the owner of an undivided four-ninths interest in the estate of her deceased father, having acquired by written assignment an undivided two-ninths interest of her sister, Mona Hanson.
The issues before this court are the same as those before the trial court. They are: (1) Was the joint tenancy in the real estate destroyed by Allie Baker and his wife when they entered into the two contracts for the.sale of real estate, and (2) did the decedent, Allie Baker, and his wife create a joint tenancy with the right of survivorship and not as tenants in common by reason of the form of the contract entered into- in the sale of the real estate 1
This court has passed on the first question raised on this appeal. In re Estate of Sprague, 244 Iowa 540, 57 N.W.2d 212. Inasmuch as counsel for the widow has questioned the sufficiency of our previous consideration of the question herein raised we shall give further consideration to this problem. In our prior opinion we referred to and cited the following cases: In re Estate of Bernhard, 134 Iowa 603,112 N.W. 86, 12 L. R. A., N. S., 1029, and In re Estate of Miller, 142 Iowa 563, 119 N.W. 977. In the first ease this court held the sale of real estate by contract resulted [1383]*1383in the change from real to personal property and passed as such under the terms of a will. In the second case we again held as we did in the first cited case. We deem it advisable to make a further analysis of the question here presented.
I. Blackstone (Book II, Seventh Edition, pages 180, 185, 186) in his commentaries comments on joint tenancy as follows:
“An estate in joint-tenancy is where lands or tenements are granted to two or more persons, to hold in fee-simple, fee-tail, for life, for years, or at will. In consequence of such grants the estate is called an estate in joint tenancy, and sometimes as estate in jointure, which word as well as the other signifies a union or conjunction of interest; though in common speech the term, jointure is now usually confined to that joint estate * * *.
“The properties of a joint estate are derived from its unity, which is fourfold; the unity of interest, the unity of title, the unity of time, and the unity of possession; or, in other words, joint-tenants have one and the same interest, accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession.
“We are, lastly, to enquire, how an estate in joint-tenancy may be severed and destroyed. And this may be done by destroying any of its constituent unities. 1. That of time, which respects only the original commencement of the joint estate, cannot indeed (being now past) be affected by any subsequent transactions. But, 2. The joint-tenants’ estate may be destroyed, without any alienation, by merely disuniting* their possession. For joint-tenants being* seised por my et per tout, everything that tends to narrow that interest, so that they shall not be seised throughout the whole, and throughout every part, is a severance or destruction of the jointure. And therefore, if two joint-tenants agree to part their lands, and hold them in severalty, they are no longer joint-tenants; for they have now no joint-interest in the whole, but only a several interest respectively in the several parts. And for that reason also, the right of survivorship is by such separation destroyed. * * * 3. The jointure may be destroyed, by destroying the unity of title. As if one joint-tenant alienes and conveys his estate to a third person: here the joint-tenancy is severed, and turned into tenancy in [1384]*1384common; * * *. 4. It may also be destroyed, by destroying the unity of interest. * * * And, whenever or by whatever means the jointure ceases or is severed, the right of survivorship or jus accresoendi the same instant ceases with it. * *
In the ease of Fleming v. Fleming, 194 Iowa 71, 81, 174 N.W. 946, 180 N.W. 206, 184 N.W. 296, the ftmr requisites of a joint tenancy are mentioned. However, in connection with the question of the unities referred to by Blaekstone and in the Fleming case we should call attention to the fact this court in Conlee v. Conlee, 222 Iowa 561, 269 N.W. 259, apparently discarded the .four unities feature in regard to the creation of a joint tenancy and concluded the intention of the parties might be determined by their statements and actions and was sufficient to create a joint tenancy. The ease of Switzer v. Pratt, 237 Iowa 788, 791, 792, 23 N.W.2d 837, further and more definitely held the “four unities” common-law rule was not applicable in Towa and the intention of the parties should prevail.
II. Although the statement was not necessarily determinative of the case it was stated in In re Estate of Heckmann, 228 Iowa 967, 974, 291 N.W. 465, 468: “There is also the recognized rule that a conveyance terminates a joint tenancy.” Tt will thus appear this court there ga\re consideration to the question whether a conveyance terminated a joint tenancy. And in Wood, admr. v. Logue, 167 Iowa 436, 441, 149 N.W. 613, 615, Ann. Cas. 1917B 116, this court again referred to the effect of a conveyance of an interest in joint tenancy and stated: “Even at common law it is within the power of either tenant to sever the joint character of the title by conveying or otherwise disposing of his right or share to a third person [citing authorities] .”
In Fleming v. Fleming, supra, at page 82 of 194 Iowa, page 950 of 174 N.W., this court referred to the manner in which a joint tenancy might be severed: “While the tenants are considered as one person, and the estate joint, yet each of the tenants has a moiety interest. Or, in other words, while each joint tenant is regarded as having the whole of the estate, his interest in the estate may be put to an end or severed during his life. Each joint tenant, during his life, may dispose of his share [1385]*1385by the usual modes of conveyance; but if he die without making such disposition, the title to the thing which is the subject of the joint tenancy remains in the survivor or survivors, free from the share or moiety of the one who dies.”
It will thus appear this court has, indirectly, if not by direct holding, adhered to the general rule a conveyance terminates a joint tenancy.
The text authorities hold the conveyance of an interest by a joint tenant in favor of a stranger necessarily destroys the unity of title. Tiffany, Real Property, Third Edition 1939, Volume 2, section 425, page 209'; Thompson on Real Property, Permanent Edition, section 1780, page 317.
Other authorities bearing on the question of the severance of joint tenancy by conveyance of the interest of a joint tenant are: Stanger v. Epler, 1955, 382 Pa. 411, 115 A.2d 197, 200; Estate of Brockway v. Commissioner of Internal Revenue, 1954, 9 Cir., Cal., 219 F.2d 400; Klouda v. Pechousek, 1953, 414 Ill. 75, 110 N.E.2d 258, 261; Shelton v. Vance, 1951, 106 Cal. App. 2d 194, 234 P.2d 1012, 1014; Shockley v. Halbig, 1950, 31 Del. Ch. 400, 75 A.2d 512, 513; Klajbor v. Klajbor, 1950, 406 Ill. 513, 94 N.E.2d 502, 504; Berry v. Berry’s Estate, 1949, 168 Kan. 253, 212 P.2d 283, 286; Mulvanity v. Nute, 1949, 95 N. H. 526, 68 A.2d 536, 538; Ball v. Mann, 1948, 88 Cal. App. 2d 695, 199 P.2d 706, 708; Hammond v. McArthur, 1947, 30 Cal. 2d 512, 183 P.2d 1, 2, 3; Kozacik v. Kozacik, 1946, 157 Fla. 597, 26 So.2d 659, 661; American Oil Co. v. Falconer, 1939, 136 Pa. Super. 598, 8 A.2d 418, 421. See also annotations 129 A. L. R. 814 and eases cited; 14 Am. Jur., Cotenancy, section 14, pages 86, 87; 48 C. J. S., Joint Tenancy, section 4, page 928.
III. It has been held a contract or covenant to convey an interest which can be enforced in equity will operate to sever a joint tenancy. Kozacik v. Kozacik and Klouda v. Pechousek, both supra. The case of Naiburg v. Hendriksen, 1939, 370 Ill. 502, 505, 19 N. E.2d 348, 350, is commented upon in the Klouda case and although dealing with the Torrens system of land titles this last cited case deals with the question before us. Certain statements therein made are undoubtedly not determinative of that case but set forth the effect of a contract for the sale of real estate held in joint tenancy, as follows:
[1386]*1386“We have been unable to find any cases from this jurisdiction on the question of whether a contract to convey operates as a severance of a joint tenancy. However, the courts of other jurisdictions, and leading text writers, are unanimously of the opinion that a contract to convey operates, in equity, as a severance of the joint tenancy. In re Hewett, 1894, 1 Ch. Div. 362; Gould v. Kemp, 1833, 2 Myl. & K. 304, 309, 39 Eng. Rep. 959, 961; In re Wilford’s Estate, 1879, 11 Ch. Div. 267; Burnaby v. Equitable Reversionary Interest Society, 1885, 28 Ch. Div. 416; Brown v. Raindle, 1796, 3 Ves. Jun. 256, 257, 30 Eng. Rep. 998, 999; Kurowski v. Retail Hardware Mutual Fire Ins. Co. of Minnesota, 203 Wis. 644, 234 N.W. 900. Tiffany, in his Law of Real Property, volume 1, paragraph 191, at page 638, says: ‘It has been decided that in equity a mere contract by one joint tenant to sell his share or to settle it will effect a severance.’ ”
The Kurowski case cited in the quotation includes a statement supporting the theory of severance. However, under the facts noted the Wisconsin court held there was no severance. We have reviewed the English cases cited and we are convinced they support the quoted statement.
It should be stated that there are cases which hold contrary to our holding herein. In Watson v. Watson, 1955, 5 Ill.2d 526, 533, 126 N. E.2d 220, 224, there was a contract of joint tenants to sell and it was held: “The doctrine of equitable conversion would have no application on these facts to divest the surviving joint tenant of her rights, as survivor, to the proceeds to be paid under the contract.” In Childs v. Childs, 293 Mass. 67, 199 N. E. 383, 386, it was held an estate in entireties was not severed by the giving of a bond for the conveyance of real estate. And in Simon v. Chartier, 250 Wis. 642, 27 N.W.2d 752, 754, the Wisconsin court held the signing of a land contract did not constitute a severance of a joint estate, citing Kurowski v. Retail Hardware Mut. Fire Ins. Co., supra.
IV. Joint tenants by their mutual agreements may sever their joint tenancy. Greiger v. Pye, 210 Minn. 71, 297 N.W. 173, 175. A like conclusion was reached in the case of McDonald v. Morley, 15 Cal.2d 409, 101 P.2d 690, 129 A. L. R. 810, where there was an agreement in the event of the death of [1387]*1387either of joint tenants the decedent’s share should become the property of their daughter. The court held this agreement was inconsistent with a joint tenancy. And in Ball v. Mann, 88 Cal. App.2d 695, 199 P.2d 706, 708, it was held a conveyance by joint tenants destroys the joint tenancy.
In 32 Iowa Law Review 541 it is stated: “A conversion of the joint tenancy into a tenancy in common may be effected by the concerted action of all joint tenants as well as by the act of one or less than all of them. Conduct or mutual agreement between joint tenants making disposition of the property may convert the joint tenancy into a tenancy in common, even though such a conversion was uncontemplated.” The cases cited in support of the foregoing statements are: McDonald v. Morley, 1940, supra, Re Wilford’s Estate, 1879, 11 Ch. Div. 267 (an agreement and execution of mutual wills); In the Estate of Heys, 1914, Probate 192 (English) — (an agreement and execution of mutual wills); Jackson v. Jackson, Ch. 1804, 9 Ves. Jr. 591, 32 Eng. Rep. 732 (from a course of dealing); Wilson v. Bell, 1843, 5 Ir. Eq. R. 501 (from a course of dealing). A review of these eases gives support to the statements previously made. This particularly is true as pertains to the case of Re Wilford’s Estate, supra, and In the Estate of Heys, supra, where it is the holding an agreement to make mutual wills was held sufficient to effect a conversion of the joint tenancy into a tenancy in common. See also Berry v. Berry’s Estate, 168 Kan. 253, 212 P.2d 283, 286, 287. If an agreement to make mutual wills effects a conversion with equal logic it can be said the same effect will result from a sale of all the interest of the parties to a joint tenancy by reason of a contract of sale.
It must be a natural conclusion if there is a severance where one of two joint tenants conveys an interest in property held in joint tenancy the same result must be reached where both joint tenants enter into a contract for the conveyance of all their interest even though the vendors retain legal title to the realty as security. This is the holding in Buford v. Dahlke, 158 Neb. 39, 62 N.W.2d 252, 256. This case, as well as the case of In re Estate of Sprague, supra, has been the subject of comments in certain law school publications. We deem the holdings in these cases sound.
[1388]*1388Y. It is the holding of text authorities and our cases an executory contract for the sale of land works a conversion. The vendee is, in the contemplation of equity, actually seized of the estate. 19 Am. Jur., Equitable Conversion, section 11, page 11. We so held in Inghram v. Chandler, 179 Iowa 304, 306, 308, 161 N.W. 434, 435, L. R. A. 1917D 713: “The doctrine of equitable conversion is altogether a doctrine of equity, and depends wholly upon the rules of equity. Its real purpose is to give effect to the manifest intent of a testator or vendor, and to treat that as done which by will the testator has directed to be done, or that which, by previous contract with another, both have mutually bound themselves to do. * * * Taking the typical case of equitable conversion by contract, as above stated, we are fully committed to the doctrine that such a contract works an equitable conversion; that, in case of the death of the vendor, his interest in the contract would pass as personalty; that, in case of the death of the vendee, his interest would pass as realty; that a judgment against the vendee would become a lien upon the property as real estate; that a judgment against the vendor would not become a lien upon the property as real estate. See In re Estate of Miller, 142 Iowa 563 [119 N.W. 977], and authorities therein cited. We have held also that such a contract becomes a credit in the hands of the vendor and is subject to taxation as such.” See also Holzhauser v. Iowa State Tax Comm., 245 Iowa 525, 530, 62 N.W.2d 229.
YI. It is the contention of some of the writers on the subject of severance of joint tenancy, as well as that of equitable conversion, the intent of the parties should prevail. Conceding this to be true under certain circumstances we do not find in the contract entered into by the joint tenants any indication they intended the proceeds of the sale to be held in joint tenancy. And the language used to express “a contrary intention” must clearly manifest such intention. Hruby v. Wayman, 230 Iowa 653, 655, 298 N.W. 639; Hoffman v. Stiger, 28 Iowa 302; Albright v. Winey, 226 Iowa 222, 284 N.W. 86.
The contract in no way indicated the proceeds of the sale were to be held in joint tenancy. In the contract the purchasers were noted “* * * as joint tenants with the right of survivorship [1389]*1389and not as tenants in common.” Inasmuch as they were definitely noted as holding the property purchased in joint tenancy it cannot be said the vendors intended to hold the proceeds of the sale of the property in joint tenancy when there was no manifest intention or statement it should be so held.
Then too, it should be kept in mind paragraph 13 of the contract provides: “It is further agreed that the stipulations herein shall apply to and bind the heirs, executors, administrators and assigns of the respective parties, * * Under this circumstance it cannot be said the proceeds of the sale were to be held in joint tenancy. If this were true there would be no necessity of binding “* # * the heirs, executors, administrators and assigns of the respective parties.”
VII. We are conscious of the fact it is the responsibility of this court to make the ultimate decision on matters presented to it. However, it is of interest to note the Committee on Iowa Land Title Examination Standards of the Iowa State Bar Association, in its 1950 report, held where joint tenants entered into a contract for the sale of real estate a severance was effected. Section 4.11, page 24. This expression was made prior to our holding in In re Estate of Sprague, 1953, supra. The standard is further adhered to in the 1955 report of the committee.
VIII. Reference is made in the dissenting opinion to the case of Hayes’ Estate, 1 I. R. 103, 207. Our study of the reversing opinion in this case discloses no citation of authorities in support of the holding therein. It is true, as noted in the dissenting opinion and as noted in this majority opinion, there are cases holding contrary to our conclusions herein reached. However, there are equally sound authorities, as previously noted, which hold agreements effecting jointly held properties not consistent with property so held result in a conversion into a tenancy in common. Such is the situation in the present case.
We are convinced the better reasoning sustains the conclusion and holding a severance of a joint tenancy results where a contract for the sale of real estate is entered into' by the joint tenants, as in the present case. It is our further holding the contract for sale resulted in an equitable conversion of the real [1390]*1390estate into personalty. And there is insufficient or no competent evidence to show it was the intention of the vendors in the real-estate contract the proceeds received therefrom were to be held in joint tenancy with right of survivorship. Consequently -the trial court is affirmed. — Affirmed.
Thompson, C. J., and Smith, Larson and Peterson, JJ., concur.
Oliver, Bliss, Gareield, and Hays, JJ., dissent.