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claimant in, whether bound by judgment against unknown owners, 483.

SEVERALTY, CONVEYANCE IN,

possession under, is adverse, 192.

gives no right to exclusive possession, 205.

rights of grantee in, 205.

effect when grantor acquires the whole title, 207.

grantees under different deeds, 212.

presumption from entry under, 224, 225.

not an ouster, unless possession is taken, 226.

SEVERANCE OF JOINT-TENANCY,

generally, 29.

by act of tenant, 30.

by agreement, 31.

by course of dealing, 32.

by execution, 33.

by part only of the joint-tenants, 34.

SHIPS,

part owners, are tenants in common of, 879.

shares into which divided, 380.

partnership in, 380.

difference between part owners and tenants in common, 381.

cause of this difference, 382.

relations of part owners, 383.

agency and powers of part owners, 383, 884.

rights, remedies, and liabilities of part owners, 385.

authority and powers of part owners, 385.

remedies among part owners, 385.

liability of part owners, 385.

dissenting from voyage, 388.
lien of part owners, 386.

employment of, 389.

security for return of, 390, 391.
compulsory sale of, 391, 392.

SIMULTANEOUS CONVEYANCES,
of same property, 103.

SIMULTANEOUS LEVIES,

under executions, 103.

SIMULTANEOUS MORTGAGES,

on same property, 103.

SOUTH CAROLINA,

survivorship abolished, § 35 n.

courts having jurisdiction of partition, 428 n.
who may compel partition, and of what, 461 n.
parties defendant in partition, 483 n.

SPAIN,

law of community property, 126.

law of voluntary partition, 404.

SPECIFIC PERFORMANCE,

of agreement to partition, 402, 506.

STATUTES,

abolishing and limiting joint-tenancy, 85
when retroactive, 36.

creating of joint-tenancy under, 87.

property not affected by, 41.

do not apply to trust estates, 43.

affecting husband's rights as tenant by entireties, 70

in England, in regard to ouster, 244.

of Anne, giving action of account, 270.

regarding actions between cotenants, 320 n.

regarding actions by cotenants, 372 n.

of Henry VIII. in reference to partition, 421 n.

of Wm. III. in reference to partition, 421.

regarding jurisdiction of court in partition, 428 n.
regarding what may be partitioned, 451 n.

regarding who may compel partition, 461 n.

regarding parties defendant in partition, 483 n.

regarding sale in partition in England, 536.

STATUTES OF FRAUD,

when not applicable to sale from one cotenant to another, 167.

effect on parol partitions, 397, 398.

subrogation in favor of cotenant who has paid off a lfen, 371.

SURVIVORSHIP,

between joint-tenants, 12.

between persons not joint-tenants, 12.

none between coparceners, 81.

in equity, 13.

defense of doctrine of, 13.

is paramount to dower and curtesy, 14.

is paramount to devise, 14.

between grantees, devisees, legatees, 28.

abolished in certain States, 35.

among trustees, 43.

among executors, 44.

of power coupled with an interest, 44.

in homesteads, 48, 62.

of cause of action on death of cotenant, 362.

of cause of action on death of all cotenants, 363.

of cause of action on death, pendente lite, 364.

of cause of action, rule not changed by statute, 365.
none between part owners of ships, 879.

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notice to one spouse does not affect the other, 171.
partition, 444.

TENANCY IN COMMON,

words creating, 23.

executory settlements, 23.

husband and wife holding in, 71, 72.

coheirs may be, 86.

defined and described, 86.

of mere possessory interest, 86.

entitles each cotenant to possession, 87.

embraces all kinds of property, 88.

of water, 88.

of franchises, 88.

of trade-mark, 88.

of patent rights, 89.

who may hold in, 90.

legislative grantees hold by, 91.

how created, 92.

creation by transfer of a part, 93.

creation by contract for shares, 94.

of grain in elevators, 95.

creation by confusion of goods, 95.

creation by grant of part not located, 96.

creation by grant of part to be located, 96.

creation by trees growing across the line, 97.

in partition fences, 97 a.

creation by party walls, 98.

creation by proprietaries, 99.

creation by cropping on the shares, 100, 101.

creation by simultaneous mortgages, 102.

C. & P.-50.

TENANCY IN COMMON (Continued),

creation by simultaneous conveyances, ? 103.

creation by simultaneous devises, patents, or levies under execution, 103.

creation by equality of title, 103.

creation by voluntary associations, 104.

dower in lands held by, 107.

TENANT BY CURTESY,

entitled to partition, 456.

TENANT IN DOWER,

not entitled to partition, 456.

TENANT FOR LIFE,

entitled to partition, 455.

TENANT FOR YEARS,

entitled to partition, 455.

homestead, rights of, 55.

TENANTS IN COMMON,

deed by one, to a person in possession, 106.

widow entitled to dower is not a, 108.

deed to several, when one is dead, 109.

gift to a class, 110.

conveyances between, 189.

joinder in actions at law against third persons, 331.

joinder in actions in equity against third persons, 369.
part owners of ships are, 379.

voluntary partition between, 396.

TENNESSEE,

joint-tenancy abolished, 35.

tenancy by entireties, 65.

courts having jurisdiction in partition, 428 n.

who may compel partition, and of what, 461 n.

parties defendant in partition, 483 n.

TEXAS,

survivorship abolished, 35.

community, law of, 131.

courts having jurisdiction in partition, 428 n.
who may compel partition, and of what, 461.

TENURES,

English, 5.

American, 6.

TIMBER,

cutting, as evidence of ouster, 239.

cutting, when a destructive use, 251.

partition of, 436.

TITHES,

partition of, 434.

TITLE,

source of, in England, 5.

source of, in America, 6.

equality of, makes the holders cotenants, 103.

when one cotenant may assail, 152.

purchase of adverse, 154, 263.

purchase of adverse, when may be asserted, 156.

TITLE (Continued),

purchase of adverse, by husband of a cotenant, § 160.
after-acquired, subject to homestead, 56, 57.

tax title purchased by one cotenant, 159.
statement of, in partition, 485.

statement of, in pleadings in partition, 486.
commissioners cannot determine, 521.
not bound by common law partition, 529.
bound by partition under statutes, 531.

after-acquired, how affected by prior partition, 532.
warranty in voluntary partition, 409, 410.
warranty in compulsory partition, 533.

TRADE,

tenure of property acquired in, 19, 20, 32.

TRADE-MARK,

cotenancy in, 88.

TREES ON BOUNDARY LINE,

cotenancy in, 97.

TRESPASS,

between cotenants, 298.

between cotenants, for destruction, 299.

between cotenants, for ouster, 300.

between cotenants, for what ouster sustainable, 301, 302.

between cotenants, for mesne profits, 303.

against lessee of cotenant, 304.

against strangers to the cotenancy, 347.

against strangers to the cotenancy, nonjoinder in, 353.

TRESPASS TO TRY TITLES,

between cotenants, 296.

by cotenants against third persons, 348.

TROVER,

by cotenant for selling under execution, 310.

by cotenant against third persons, 349.

by cotenant against third persons, when nonjoinder is not pleaded, 353.
against vendee of a cotenant, 311.

TROVER BETWEEN COTENANTS,

generally, 306.

when sustainable, 307.

for selling chattels, 308–311.
for destruction of property, 312.

for destruction of rights, 313.

for destruction by emancipation, 314.
for allowing property to be lost, 315.

for changing form of chattels, 316.

for removal of chattels, 317.

for refusing to put chattel to proper use, 318.

for refusing to divide chattels, 319.

TRUST ESTATE,

partition of, 439.

TRUSTEES,

still hold as joint-tenants, 43, 44.

those who accept take the whole estate, 45.

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