CHAP. X. OF A PARTITION. A DEED of partition is an instrument in writing, whereby two or more joint tenants, coparceners, or tenants in common agree to divide the lands so held among them in severalty, each taking a distinct part. 2 Black. Com. 323. Here, as in some instances, there is an unity of interest, and in all a unity of possession; it is therefore necessary that they all mutually convey and assign to each other the several estates which they are to take and enjoy separately. Ibid. Every partition implieth in it, and hath annexed to it a special warranty in law; but the warranty annexed to a partition by the word dedi, doth always go in privity; and therefore the assigns of either party can in these cases take no advantage of it. Shep. Touch. 185, 198. By the common law, coparceners being compellable to make partition, might have made it by parol only; but joint tenants and tenants in common must have done it by deed; but the statute of frauds, 29 Car. 2. c. 3. hath now abolished this distinction, and made a deed in all cases necessary. 2 Black. Com. 324. Also, by the statutes 31 Hen. VIII. c. 1. and 32 Hen. VIII. c. 32. joint tenants, either of inheritances or other less estates, are compellable by writ of partition to divide their lands, or they may be compelled thereto by a decree in equity. But these statutes for enforcing partition do not extend to copyholds, nor will a voluntary partition between copyholders be good without a license from the lord. Co. Cop. § 54 to 125. Gilb. Ten. 185. Co. Lit. 59. Watk. Cop. 194, 203. A partition may be made of a remainder or reversion during the continuance of the particular estate, as well as an estate in possession, a remainder or reversion, being equally a vested interest, and capable of being disposed of as an estate in possession. Fearn's Post. Works, 243. A severance by joint tenants or coparceners, so as to make them tenants in common, may be made by either of them granting his or her portion to a stranger, to the use of himself, or herself, or by any other mode of alienation. Watk. Pr. 83. FORM OF A DEED OF PARTITION.* THIS INDENTURE made, &c. between (A B) of, &c. of the one part, and (C D,) of, &c. and (E,) his wife, of the other part. Whereas (F G,) of, &c. deceased, was, at the time of his decease, seized of, or well entitled to an absolute estate of inheritance in fee simple, of and in two freehold messuages or tenements situate, &c. which said messuages or tenements are hereinafter more particularly mentioned and described. AND WHEREAS the said F G lately departed this life without issue, and intestate as to the said messuages or tenements, leaving the said A B, and E the wife of the said C D. His sisters and coheiresses at law, him surviving, who thereupon became, and now are seized in fee as coparceners of and in the said messuages or tenements, hereditaments, and premises. AND WHEREAS, by certain articles of agreement bearing date on or about the which was in the year of our Lord expressed to be made between the said (A B) of the one part, and the said (C D, and E his wife) of the other part, after reciting to the effect hereinbefore recited, and reciting that it had been mutually agreed by and between the said parties thereto, to make partition of the said two several messuages or tenements in manner thereinafter mentioned. IT IS WITNESSED that it was thereby mutually declared and agreed that the said partition and division should be made day of The above deed was prepared by a gentleman at the Bar who ranks as one of the first conveyancers of the present period; and afterwards settled on the behalf of one of the parties by the Editor of this Book. and carried into effect between the said parties in manner following that is to say, that in the first place the said A B should elect and choose one of the said messuages or tenements. TO HOLD to her heirs and assigns in severalty, freed and discharged from all the right, title, or interest of the said E, the wife of the said C D, her heirs and assigns therein; and in the next place that the said E should take and accept the other or remaining messuage or tenement to hold to her, her heirs and assigns in severalty, freed and discharged from all the right, title, or interest of the said (A B,) her heirs and assigns therein; and it was thereby further agreed that the said (A B) should make her election within the space of one calendar month, from the day of the date of the now in-part recited articles of agreement; and that immediately after the said (A B) should have so made her election, a separate valuation should be made and taken of each of the two several messuages or tenements by two competent persons, one to be chosen by the said (A B,) and the other by the said C D, and E his wife, and in case of difference between them by a third person, to be chosen by the two persons so first named. AND it was thereby further agreed by and between the said parties thereto, that upon such valuation being taken, the party whose share should appear upon such valuation to be of the greater value, should pay to the party whose share should, upon such valuation, appear to be of inferior value, a sum of money equal in amount to one moiety of the difference which should appear upon the face of such valuation between the said respective shares, so that the share which should appear of greater value should, by such payment, be reduced and made equal to the share which should appear to be of inferior value. AND it was thereby further agreed that upon such valuation and payment being so made as aforesaid, such conveyances and assurances should be made and executed by and between the said parties hereto; and also such fine or fines, recovery or recoveries, levied and suffered as should be proper and necessary, and as counsel should advise for the further better and more perfectly carrying into effect the partition and division between the said parties, and for better conveying and assuring unto each of them, their respective heirs and assigns in severalty, an absolute estate of freehold of inheritance in fee-simple, of and in their respective shares of the said two several messuages or tenements and premises, as by the said in-part recited articles of agreement, reference being thereunto had, will more fully and at large appear. AND WHEREAS the said (A B,) in pursuance of the said in-part recited articles of agreement, did, within the time thereby limited and appointed for that purpose, duly elect and choose the said messuage or tenement known and distinguished by, &c. TO HOLD to her, her heirs and assigns in severalty, as and for her share in the said partition or division: AND WHEREAS, upon such election being so made by the said (A B,) as aforesaid, a separate valuation was made and taken of each of the said messuages or tenements, as directed by the said in-part recited articles of agreement; and it appearing upon such valuation, that the said messuage or tenement distinguished, &c. was superior in value by the sum of £100 to the said messuage or tenement distingnished as, &c. so elected and chosen by the said (A B,) as aforesaid, the sum of £50, being one equal moiety or half part of the said sum of £100, hath on or before the day of the date of these presents been duly paid by the said C D, and E, his wife, (second parties,) to the said A B (first party,) and by such payment the share of the said E, the wife of the said C D, (second parties) hath been reduced and made equal to the share of the said AB (first party). Now THIS INDENTURE WITNESSETH, that as well in pursuance of the said in-part recited agreement and for effectuating the same, and for the purpose of conveying to the said A B (first party,) her heirs and assigns, the said messuage or tenement and premises so elected and chosen by her for her part and share in the said partition, to be held in severalty as aforesaid, as for and in consideration of the sum of 5s. of lawful money of Great Britain, by her the said A B (first party,) to the said CD and E, his wife, (second parties,) in hand paid at or before the sealing and delivery of these presents, (the receipt whereof is hereby acknowledged,) they the said CD, and E his wife, (second parties,) HAVE and each of them HATH granted, bargained, sold, aliened, released, and confirmed; and by these presents DO, and each of them DOTH grant, bargain, sell, alien, release, and confirm unto the said A B (first party,) in her actual possession now being, by virtue of a bargain and sale to her thereof made by the said CD, and E, his wife, (second parties,) for 5s. consideration, by indenture bearing date the day next before the day of the date of these presents, for the term of one whole year, commencing from the day next before the day of the date of the same indenture of bargain and sale, and by force of the statute made for transfering uses into possession, and to her heirs; ALL that, &c. together with all way-paths, &c. to the said messuage or tenement, hereditaments and pre mises mentioned to be hereby granted and released, respectively belonging, or in any wise appertaining, or with the same or any of them, or any part or parcel thereof, held, used, occupied or enjoyed, or accepted, taken, reputed. deemed or known as part, parcel, or member thereof; and the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits of all and singular the said premises, and all the moiety, share, purparty, estate, right, title, interest, use, trust, possession, property, benefit, claim and demand whatsoever, both at law and in equity, of them the said C D, and E, his wife (second parties), unto and out of the said premises: TO HAVE AND TO HOLD the said messuage or tenement, and all and singular other the premises hereinbefore mentioned to be hereby granted and released, as aforesaid, with their and every of their appurtenances, unto the said A B (first party,) her heirs and assigns for ever, to the only proper use and behoof of her the said A B (first party,) her heirs and assigns for ever in severalty, freed and discharged of and from all right, title, purparty, shares, claims, and demands whatsoever of her, the said E, the wife of the said C D (second parties,) and her heirs, of, in, and to the same premises, every or any part or parcel thereof. AND for the more effectually and satisfactorily conveying and assuring the aforesaid hereditaments and premises unto the said A B (first party,) and her heirs, he, the said C D, for himself, and the said E his wife, and his and her heirs, doth hereby covenant, promise, and agree, that they the said CD, and E his wife, and her heirs, shall and will, in or as of Easter term now next ensuing, or in or as of any subsequent term, at the request of the said A B (first_party,) her heirs or assigns, acknowledge and levy in due form of law before the Justices of His Majesty's Court of Common Pleas, at Westminster, one or more fine or fines, sur conusance de droit comme ceo, &c. to be engrossed, recorded, and sued forth with proclamations, according to the form of the statute in such case made and provided, unto the said A B (first party,) and her heirs of all that messuage or tenement, hereditaments, and premises hereinbefore granted and released, with the appurtenances, by such apt and convenient name and names, quantities, and other descriptions as will effectually comprise the same, and shall be for that purpose thought fit and requisite. AND it is hereby declared to be the true intent and meaning of these presents, and of the parties hereto, that as well the said fine or fines, 30 as aforesaid or in any other manner to be acknowledged and levied, as also all other conveyances and assurances in |