ILLINOIS (continued), courts having jurisdiction in partition, à 428 n. who may apply for partition, 461 n. IMPERFECT COTENANCY, 8. on separate property, 138. as evidence of ouster, 240. liability of cotenant to contribute for, 261, 262. in partition, allotted to party making, 508. INCORPOREAL HEREDITAMENTS, INCUMBRANCE, of homestead, 58. of homestead cannot be renewed by husband, 58. of tenancy by entireties, 73, 74. effect of voluntary partition on, 415. effect of compulsory partition on, 478. effect of partition sale on, 479. contribution between cotenants for the removal of, 512. INDIANA, presumption against joint-tenancy, 35 n. tenancy by entireties, 65. actions between cotenants, 320 n. actions by cotenants, 372 n. courts having jurisdiction in partition, 428 n. what may be partitioned, 461 n. who may compel partition, 461 n. parties defendant in partition, 483 n. INFANTS, voluntary partition by, 414. suing with adults who are barred by the statute of limitations, 375, 376. as plaintiff in partition, 457. as defendant in partition, 467. when granted a new partition, 468. INFERENCE OF OUSTER, what facts produced, 242. INJUNCTION, for what granted between cotenants, 323. to restrain partition, 323, 514. to restrain waste, 324. to restrain judgment, 325. against a cotenant who is also trustee, 325. in partition suits, 514. INSURANCE POLICY, effect of conveyance by one cotenant to another, § 218. of tenants in common presumed to be equal, 105. in partition, form, 515. in partition, determines respective moieties, 516. in partition, when appeal may be from, 518. INTERPRETATION, of general words in a deed, 211. INTERVENORS, in partition, 499. INVOLUNTARY TRANSFER, IOWA, of lands of cotenancy, 214. presumption against joint-tenancy, 35 n. tenancy by entireties, 66. courts having jurisdiction in partition, 428 n. who may compel partition, and of what, 461 n. JOINDER, of several parcels in one suit for partition, 371. JOINDER OF COTENANTS IN ACTIONS AT LAW, general rule as to joint-tenants, 329. general rule as to coparceners, 330. general rule as to tenants in common, 331. general rule as to mixed cotenancies, 332. in assumpsit, 333. in avowries, 334. in actions on the case, 335. in covenant, 336. in detinue and replevin, 337. in replevin for severable chattels, 338. in ejectment, by joint-tenants, 339. in ejectment, by coparceners, 340. in ejectment, by tenants in common, 341 in forcible entry, 344. in actions for insurance, 345. in actions for rent, 346. in trespass, 347. in trespass to try titles, 348. in trover, 349. JOINDER OF COTENANTS IN ACTIONS AT LAW (continued), in waste, § 350. in nuisance, 351. in application for assessment of damages, 352. as defendants, 366. in partition, 459. part ownerships, 387. See MISJOINDER, NONJOINDER. JOINDER OF COTENANTS IN EQUITY, general rule, 367. general rule, joint-tenants, 368. general rule, tenants in common, 369. general rule, legatees, 370. general rule, foreclosure by joint-mortgagees, 372. general rule, foreclosure against joint-mortgagors, 371. JOINT CAUSE OF ACTION, survivorship of, 362, 363. effect of statute of limitations on, 375, 376. JOINT-TENANCY, defined, 9, 10. properties of, 11. unities of, 11. survivorship, 12-14, 28. who may hold by, 15. what may be held by, 16. how created, 17, 23, 25. presumption in favor of, 18. presumption where property was acquired in trade, 19. presumption from unequal payments, 20. evidence to disprove, 21. words creating, in devise or bequest, 23. words creating, in deed, 25. creation by deed to woman and her children, 26. executory settlements, 27. surviving grantees, legatees, and devisees, 28. severance of, 29. severance by act of cotenant, 30. severance by agreement, 31. severance by dealing, as in trade, 32. severance by execution against cotenant, 33. severance, partial, 34. statutes in America, limiting or abolishing, 35, 65. statutes whether retroactive, 36. creation notwithstanding statutes, 37. dower in, where survivorship is abolished, 39. lapsing of legacies and devises where survivorship is abolished, 40. property still held by, 41. mortgages, 42. JOINT-TENANCY, (continued), trust estates, § 43, 44. difference between, and tenancy by entireties, 64. legislative grantees do not hold by, 91. JOINT-TENANTS, conveyance by, 189, 190. lease by, 220. voluntary partition between, 396. joinder in actions at law, 329. JUDGMENT, may be held by tenancy by entireties, 68. JUDGMENTS IN PARTITION, the first judgment, 516. KENTUCKY, survivorship abolished, 35. tenancy by entireties, 65. actions between cotenants, 320 n. courts having jurisdiction of partition, 428 n. who may compel partition, 461 n. what may be partitioned, 461 n. parties in partition, 483 n. LAPSE OF LEGACY OR DEVISE, none when in joint-tenancy, § 28. when made, in tenancy in common, 109. LEASE, may sever a joint-tenancy, 30. agreement to crop on the shares is not a, 100. of one cotenant to another, 164, 268. of one cotenant to another gives right to distrain, 164, 268. whether notice to one lessee terminates, 181. by cotenants, general effect of, 226. possession acquired by, must be surrendered, 250. gives the lessee the rights of the lessor, 253. joinder of lessees in actions under, 336, 346. of execution on interest of a cotenant, 213–215. of execution must embrace cotenant's interest in the whole tract, 216. of execution on severable chattles, 252. LIABILITIES, of part owners of ships, 384-388. LIABILITIES OF COTENANTS INTER SESE, classified, 257. for use and occupation, 258. to account, 259. for services, 260. for repairs and improvements, 261, 262. for removal of leins, 263, 176. for removal of adverse titles, 263. for expenditures for common benefit, 263. for moneys collected for insurance, 264. C. & P.-44 |