Cotenancy and Partition: A Treatise on the Law of Co-ownership as it Exists Independent of Partnership Relations Between the Co-owners

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S. Whitney & Company, 1874 - Law - 655 pages
Excerpt from Cotenancy and Partition: A Treatise on the Law of Co-Ownership as It Exists Independent of Partnership Relations Between the Co-Owners

Partition at Common Law confined to Estates in Parcenary, 6 420. English Statutes extending the Right of Partition, 6 421.

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Page 58 - THERE is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of . property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world} in total exclusion of the right of any other individual in the universe.
Page 103 - ... 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.
Page 195 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property...
Page 508 - For in all cases of partition a Court of Equity does not act merely in a ministerial character and in obedience to the call of the parties who have a right to the partition, but it founds itself upon its general jurisdiction as a Court of Equity, and administers its relief ex sequo et bono according to its own notions of general justice and equity between the parties.
Page 187 - ... which they may acquire during the marriage, either by donations made jointly to them both, or by purchase, or in any other similar way, even although the purchase be only in the name of one of the two and not of both, because 567 • in that case the period of time when the purchase is made is alone attended to, and not the person who made the purchase.
Page 463 - Unto these the land shall be divided for an inheritance according to the number of names. 54 To many thou shalt give the more inheritance, and to few thou shalt give the less inheritance: to every one shall his inheritance be given according to those that were numbered of him.
Page 641 - It is not the recovery, but the matter alleged by the party, and upon which the recovery proceeds, which creates the estoppel^ The recovery of itself in an action of trespass is only a bar to the future recovery of damages for the same injury ; but the estoppel precludes parties and privies from contending to the contrary of that point or matter of fact, which, having been once distinctly put in issue by them, or by those to whom...
Page 416 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ or action shall not be thereby abated; but such death being suggested upon the record, the action shall proceed...
Page 186 - The earnings of the wife are not liable for debts of the husband, and the earnings and accumulations of the wife and of her minor children living with her or in her custody, while she is living separate from her husband, are the separate property of the wife.
Page 326 - Trinity term, actions of account shall and may be brought and maintained against the executors and administrators of every guardian, bailiff, and receiver; and also by one joint tenant, and tenant in common, his executors and administrators, against the other, as bailiff for receiving more than comes to his just share or proportion...

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