through a tax sale was free from disability, for otherwise the tax sale might still be defeated by a redemption or the title by disseizin avoided by suit within a proper time after the removal of the disability.'

Ross v. Cobb, 48 Ill. 111.

Note containing a synopsis of the statutes of the several States, showing what may be partitioned, and who may apply therefor.

ALABAMA.-"Any property-real, personal, or mixed-held by joint owners or tenants in common, may be divided among them on the application of the persons entitled thereto, or any one of them, in writing, to the Judge of Probate of the county in which the property is. Such application may be made by the executor or administrator of a deceased person in interest, or by a guardian of a minor or person of unsound mind."-Code of Ala., ed. 1867, sec. 3105.

ARKANSAS." When any lands, tenements, or hereditaments shall be held in jointtenancy, tenancy in common, or coparcenary, whether such right or title be devised by purchase, devise, or descent, or whether any, all, or a part of such claimants be of full age or minors, it shall be lawful for any one or more of the persons interested, by themselves if of full age, or by their guardians, if minors, to present their peticion praying for a partition," etc.-Gould's St. of Ark., ed. 1858, p. 811, sec. 1. Sec. 32, same statute, provides for partition when some of the cotenants have estates for life or years, and others have estates in fee. Guardians of minors or of persons of unsound mind are authorized, "in behalf of their respective wards, to do and perform any matter or thing respecting the division of lands or tenements, as herein directed, which shall be binding on such ward."-Ib., p. 815, sec. 34.

CALIFORNIA. "When several cotenants hold and are in possession of real property as parceners, joint-tenants, or tenants in common, in which one or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one or more of such persons for a partition thereof."-Code C. P., sec. 752.

CONNECTICUT.-On petition of any person interested, a partition may be ordered of any real estate, held in joint-tenancy, tenancy in common, or coparcenary; also of any real estate held by tenants in tail.-Rev. of 1866, p. 398, sec. 38.

DELAWARE." Writs for the partition of real estate, held in joint-tenancy, or tenancy in common, may be issued by the Superior Court."-Rev. St., ed. 1874, p. 527, sec. 3. When any two or more persons hold as joint-tenants or tenants in common, lands or tenements within this State, any one or more of them, being of lawful age, or the guardian of any being under age, may prefer a petition to the Chancellor," etc.-Ib., p. 528, sec. 8.

FLORIDA. The bill or petition may be filed by any one or more of several jointtenants, tenants in common or coparceners.-Bush's Digest, p. 616, sec. 2. The statute also provides for the partition of personal property.-Ib., p. 620, sec. 13.

GEORGIA.-Application for partition may be made in all cases where two or more are common owners of lands and tenements.-Code of Geo., ed. 1873, sec. 3996. "If the party desiring the writ of partition be of full age, and free from disability, he may make the application either in person or by his agent or attorney in fact, or at law, and if the application is for the benefit of a minor, a lunatic, feme covert, or cestui que trust, it may be made by the guardian of such minor, or lunatic, by the husband of such feme covert, or the trustee of such cestui que trust."-Ib., sec. 3997. Personal property may be partitioned in the same manner as real estate.-Ib., sec.

ILLINOIS. The part of the statute of this State which designates what property may be partitioned and who may apply for partition, is substantially like sec. 1 of the statute of Arkansas. (See Gross' St., p. 469, sec. 1.)

INDIANA.-"All persons holding lands as joint-tenants, tenants in common, or tenants in coparcenary, may be compelled to divide the same."-Rev. St., ed. 1852, p. 329, sec. 1. The application may be made by any such tenant.-Ib., sec. 2.

IOWA.-The Code provides that partition shall be by equitable proceedings, and makes no other designation as to who may have partition, nor of what it may be had. (See sec. 3277 of Code of 1873.)

KANSAS.—Nothing said in the statute in reference to who may apply. (See Genl. St., ed. 1868, p. 753.)

KENTUCKY." Lands held by joint-tenants, tenants in common, coparceners or devisees, may be divided," etc. "The party desiring such partition may apply," etc.Stanton's Rev. St., vol. 2, p. 100, secs. 1, 2.

MAINE. Persons seized, or having a right of entry into real estate in fee-simple or for Life, as tenants in common, joint-tenants, or copartners, may be compelled to divide the same." “Persons so entitled, and those in possession or having a right of entry for a term of years, as tenants in common, may present a petition," etc.-Rev. St. of Me., ed. 1871, p. 694, secs. 1, 2.

MARYLAND.-Partition may be decreed of any lands, or tenements, or any right, interest, or estate therein, legal or equitable, on the bill or petition of any joint-tenant, tenant in common or parcener, or of any concurrent owner, whether claiming by descent or purchase. The application, if on behalf of an infant, may be made by his guardian or prochein ami, and if on behalf of a lunatic, may be by his committee or trustee.-Public Genl. Laws, ed. 1860, p. 91, sec. 99.

MASSACHUSETTS.- Persons holding land as joint-tenants, coparceners, or tenants in common, may be compelled to divide the same." One or more of the persons so holding may apply."--Genl. St., ed. 1860, p. 698, secs. 1, 2. The applicant must have an estate in possession—(Ib., p. 699, sec. 3)—but partition may be made notwithstanding a lease of the whole or of part.-Ib., p. 705, sec. 67. No tenant for less than twenty years can have partition against a tenant of the freehold.-Ib., p. 699. sec. 4. Tenants for years may have partition among one another, not to affect their landlords or reversioners.-Ib., sec. 5. The statute also provides for the partition of water rights.-Ib., p. 706, sec. 77.

MICHIGAN.-"All persons holding lands as joint-tenants, or tenants in common, may have partition thereof." "Any one or more of the persons so holding may institute a suit." Such suit cannot be sustained by one having an estate in reversion or remainder.-Comp. Laws, ed. 1871, sec. 6266-6268.

MINNESOTA." When two or more persons are interested in real property as jointtenants, or as tenants in common, in which one or more of them have an estate of inheritance or for life or years, an action may be brought by one of such persons against the others for a partition thereof."-Bissell's St., ed. 1873, p. 888, sec. 34.

MISSISSIPPI.—“All persons who are joint-tenants, tenants in common, or coparceners, having estates in land in this State, in possession, or having the mere right of possession, whether the joint interest in such lands be in fee-simple or for a term not less than five years, shall be entitled to partition of such lands. But those who hold in reversion or remainder shall not be entitled to this remedy."--Rev. Code, ed. 1871, sec. 1809. "Any one or more of the parties interested, whether suing in their own right or as executors or guardians, may institute proceedings for partition."--Ib., sec. 1814.

C. & P.--36

MISSOURI. In all cases where lands, tenements or hereditaments, are held in jointtenancy, tenancy in common, or coparcenary, including estates in fee, for life, or for years, tenancy by the courtesy and in dower, it shall be lawful for one or more of the parties interested therein, whether adults or minors, to file a petition, asking for the admeasurement and setting off of any dower interest therein, if any, and for the partition of the remainder."-Rev. St., ed. 1865, p. 611, sec. 1.

NEBRASKA.-"All tenants in common or joint-tenants of any estate in land may be compelled to make or suffer partition of such estate or estates."-Code C. P., sec. 802.

NEVADA. The statute of this State is substantially like that of California. (See Comp. Laws, ed. 1873, sec. 1327.)

NEW JERSEY.—“Any person, being a coparcener, joint-tenant, or tenant in common, in any tract or tracts of land within this State may apply to any Justice of the Supreme Court, etc., for a partition of such tract or tracts."-Nixon's Dig., 4th ed. p. 666, sec. 1. In addition to this statute, another is in force like that of 3 and 4 Wm. IV. Ib., p. 677, sec. 1 to 8. Also another statute providing that " partition of lands, held by coparceners, joint-tenants or tenants in common may be made, notwithstanding the share held by any coparcener, joint-tenant, or tenant in common, may be for a less estate than a fee, or may be limited over after an estate for life, or any estate therein; and such partition shall bind all tenants of such share, in remainder, reversion, or expectancy, who shall be entitled only to that part of the lands partitioned as may be set off in severalty to the share upon which such remainder or expectancy is limited."-Ib., p. 673, sec. 53.

NEW HAMPSHIRE." One or more persons, having or holding real estate with others, in possession, reversion, or remainder, after an estate of freehold, if such remainder is vested and not contingent, may have partition thereof."-Genl. St., ed. 1867, p. 463, sec. 1.

NEW YORK.-The statute is similar to that of California, except that the applicant must be of full age.-3 Rev. St., 5th ed. p. 603, sec. 1. The Supreme Court may also authorize proceedings for partition to be commenced on behalf of an infant.-Ib.. p. 604, secs. 5, 6.

NORTH CAROLINA.-Partition may be made on the petition of one or more persons claiming any real estate as tenants in common."-Code of N. C.. ed. 1855, p. 452, sec. 1. The same right is given to cotenants of personal property.-Ib.. p. 457, sec. 17

OHIO. "All joint-tenants, tenants in common, and coparceners of any estate in lands and tenements and hereditaments within this State, may be compelled to make or suffer partition of such estate or estates."-Swan's Rev. St., ed. 1854, p. 590, sec. 1. OREGON.-The statute is like that of California and New York.-Deady's Genl. Laws, ed. 1864, p. 255, sec. 419.

PENNSYLVANIA.-Partition may be made "at the suit of any tenant in common, joint-tenant, or copartner."-2 Brightly's Purdon's Digest, p. 1112, secs. 1, 5.

RHODE ISLAND.-Every joint-tenant, tenant in common, or coparcener, seized or possessed of any estate of inheritance, or for life or years, in any lands, tenements, or hereditaments, in their own right or the right of their wives, may compel partition. Such partition continues only until the estate of some of the parties determines, except when the tenant in reversion or remainder joins with the tenant for life or years in demanding partition, when the partition shall be of the whole esta te.-Genl. St., ed. 1872, p. 519, secs. 1 to 5.

SOUTH CAROLINA.--Partition may be made upon the petition of any person or persons interested in any real estate as joint-tenants or tenants in common of an estate of inheritance, or for life or lives or years.-Rev. St., ed. 1873, pp. 530-1, secs. 1, 4.

TENNESSEE. "Any person having an estate of inheritance, or for life or for years, in lands, and holding and being in possession thereof as tenant in common or otherwise, with others, is entitled to a partition thereof."-St. of Tenn., ed. 1871, sec. 3262.

TEXAS.-"All part owners of any estates of inheritance in lands, tenements, and hereditaments, in their own rights, or in the rights of other persons, and all part owners who hold, for a term of life or years, with others who may have estates of inheritance, or freehold in any lands, tenements, or hereditaments, may be compelled to make partition between them, of such lands, tenements, and hereditaments as they may hold as part owners; but no such partition between a part owner, or owners, who hold estates for term of life or years, with others who hold equal or greater estates, shall be prejudicial to those entitled to the reversions, or remainders, after the death of the owners for life, or after the expiration of the years."-Pascal's Digest, Art. 4707. "Part owners of slaves and other personal property may be compelled to make partition between them."-Ib., Art. 4711.

VERMONT.-"Any person, having or holding real estate with others, as joint-tenants, tenants in common, or coparceners, may have partition thereof in the manner hereinafter provided. Such person may apply to the County Court, ✶✶ ✶ praying for a partition."-Genl. St., Vt., p. 353, secs. 1, 2.

VIRGINIA. Tenants in common, joint-tenants, and coparceners, shall be compellable to make partition."-Code of Va., p. 920, sec. 1.

WEST VIRGINIA.-Same as Virginia.--Code of West Va., p. 486, sec. 1.

WISCONSIN.-"All persons holding lands as joint-tenants. or tenants in coparcenary or common, may have partition thereof."-2 Taylor's St. of Wis., p. 1678, sec. 1. "Any one or more of the persons so holding lands may institute an action."-Ib., sec. "Such action may be maintained by any person who has an estate in possession in the lands of which partition is sought, but not by any one who has only an estate therein in remainder or reversion."-Ib., p. 1679, sec. 3.

2.

CHAPTER XXII.

OF PARTIES DEFENDANT, AND THE PERSONS BOUND BY PARTITION.

Division of the Subject, § 462.

All the Cotenants must be Parties, § 463.

If Cotenant dies, his Heirs must be brought into Court, § 464.
Grantee of part, by Metes and Bounds, § 465.
Cotenants under Disability of Coverture, § 466.
Cotenants under Disability of Infancy, § 467.

Granting Infants a new Partition, § 468.

Lunatics, § 469.

Purchasers pendente lite, § 470.

Administrators, § 471.

Wife of Cotenant, claiming Dower, § 472.

Wife of Cotenant, when claiming Homestead, § 473.

Wife of Cotenant, claiming Dower, how affected by Sale, § 474.
Wife of Cotenent, where Husband sold before Partition, § 475.
Widow of Cotenant, how affected by Sale in Partition, § 476.
Husband of Cotenant claiming Life Estate, § 477.
Imcumbrancers, how affected by Partition, § 478.

Imcumbrancers, how affected by Partition Sale, § 479.

Lessees, § 480.

Disseizors, § 481.

Persons not in esse, § 482.

Unknown Owners, § 483.

462. Division of the Subject. If it be ascertained that the property sought to be divided is a proper subject for a compulsory partition, and that the person desirous of procuring a partition is, under the law, competent to institute proceedings therefor, the next question to be considered is, who are proper and necessary parties defendant; who must be brought before the Court to enable the petitioner to procure the most perfect and absolute title to the purparty to be assigned to him, which it is possible for him to acquire by a compulsory partition; or to enable the purchaser, in case a