 | New York (State). Court of Chancery, William Johnson - Equity - 1822 - 622 pages
...of the parties, as joint devisees created. Community of interest, produces a community of duty, aod there is no real difference, on the ground of policy and justice, whether one co-tenant buys up an out- • standing incumbrance, or an adverse title, to disseize and expel his co-tenant. It cannot... | |
 | Frederick Thomas White, Owen Davies Tudor - Equity - 1859 - 924 pages
...claim, which the relationship of the parties, as joint devisees, created. Community of interest produces a community of duty, and there is no real difference,...justice, whether one co-tenant buys up an outstanding incnmbrance, or an adverse title, to disseise and expel Wa co-tenant. It cannot be tolerated, when... | |
 | Ransom Hebbard Tyler - Adverse possession - 1870 - 982 pages
...other's equal claim, which the relationship of the parties created. Community of interest produces a community of duty, and there is no real difference,...an outstanding incumbrance, or an adverse title, to disseise and expel his co-tenant." ( Van Home v. Fonda, 5 Johns. Ch. R. 388.) And the same eminent... | |
 | Law reports, digests, etc - 1892 - 1912 pages
...language of Chancellor KENT in Van Home v. Fonda, 5 Johns. Ch. 407: "Community of interest produces a community of duty, and there is no real difference,...an outstanding incumbrance or an adverse title to disseise and expel his co-tenant. It cannot be tolerated, when applied to a common subject, in which... | |
 | Sir Edward Fry - Contracts - 1884 - 868 pages
...the parties as joint devisees created. Community of interest produces a community of duty, and tbere is no real difference on the ground of policy and...an outstanding incumbrance or an adverse title to dissuage and expel his co-tenant. It cannot be tolerated when applied to a common subject in which... | |
 | Law reports, digests, etc - 1886 - 892 pages
...Mann, 2 Sumn. 490; Yenable v. Beauchamp, 3 Dana, 322 [28 Am. Dec. 74]. In Van Home v. Fonda, supra, Chancellor Kent said: " I will not say, however, that...cotenant buys up an outstanding incumbrance, or an adverw title, to disseise and expel his co-tenant. It cannot be tolerated when applied to a common... | |
 | Arthur George Sedgwick, Frederick Scott Wait - Land titles - 1886 - 956 pages
...claim, which the relationship of the parties, as joint devisees, created. Community of interest produces a community of duty, and there is no real difference,...adverse title, to disseize and expel his co-tenant." l This doctrine is not, however, of universal application, but is limited and qualified by some of... | |
 | Henry Morrison Herman - Estoppel - 1886 - 952 pages
...other's equal claim, which the relationship of the parties created. Community of interest produces a community of duty, and there is no real difference,...an outstanding incumbrance, or an adverse title, to disseise and expel his co-tenant." 1 And the same eminent jurist says in another case : " It is a general... | |
 | Law reports, digests, etc - 1907 - 1166 pages
...which the relationship of the parties, as joint devisees, created. Community of Interests produces a community of duty, and there Is no real difference, on the ground of policy and justice, whether one coteuant buys up an outstanding iucumbraiice or an adverse title to disseise and expel his cotenant.... | |
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It would be repugnant to a sense of refined and accurate justice. It would be immoral, because it would be against the reciprocal obligation to do nothing to the prejudice of each other's equal claim, which the relationship of the parties as joint devisees... 
